The websites www.laurenmessiah.com, https://laurenmessiah.mykajabi.com,https://style.laurenmessiah.comand http://psu.laurenmessiah.com (hereinafter collectively “Website” or “Websites”) and any content therein (defined below) is owned and operated Messiah Media (hereinafter “we” “us” “our” “Lauren Messiah” or “Lauren Messiah Inc.”). Please read all Terms & Conditions before using our Websites – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them. If you do not agree with this document in its entirety, please immediately refrain from using Website.
These Terms & Conditions constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and Lauren Messiah Inc., concerning your access to and right to use Website, as well as any other media forms, media channels, mobile website, or mobile application related, linked, or otherwise connected Messiah Media and Website.
Audio/Video Release: I authorize Lauren Messiah” or “Lauren Messiah Inc. to use my story as a testimonial and further agree to allow the use of my voice, photo, and likeness captured in any programs via photographs, audio, or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings are exclusive rights of Lauren Messiah” or “Lauren Messiah Inc. and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. Lauren Messiah” or “Lauren Messiah Inc. owns all rights of any audio, video, and/or photographs captured during the performance of this agreement.
Use of Websites A. To access or use our Websites, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using any of Websites, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of our Websites by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.
Please note these Terms & Conditions may be subject to changes or updates at any time, and Websites may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
Intellectual Property Rights
Websites contain original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Lauren Messiah Inc. and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Websites and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, as well as source code, databases, functionality, software, audio content, visual content, text content, to the extent protectable, and any and all other information accessible through Websites, which constitutes proprietary information. This protection also includes any and all content that appears on the Websites, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Websites, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee / Licensor Rights: Your License to Us a. You may be able to post your original content to our Websites, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.
When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Websites constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
Testimonials: Our Websites may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our Websites and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Websites, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Websites.
Ownership of Content Posted on Online Magazine A. Lauren Messiah Inc. may invite individuals to become contributing writers (“Writers”) and submit posts with content and images of their choosing. Prior to becoming a Writer, Writers agree they are responsible for any and all content they post, including obtaining any necessary permissions or licenses to post content, images, videos or other intellectual property belonging to a third party. WhileLauren Messiah Inc. obtains a license from Writer to feature, host, share, and otherwise use content posted, Writer remains the copyright owner, and the sole party responsible should there be any alleged or actual copyright infringement posted on Website.
Digital Millennium Copyright Act (DMCA) Policy A. Section 512 of the DMCA grants immunity from copyright liability to websites that passively host user content. To qualify for the DMCA Safe Harbor protection, certain requirements must be met. Writers agree they are solely responsible for selecting and uploading content to www.laurenmessiah.com and that the content is transmitted to other users and readers of the Website without modification byLauren Messiah Inc. Lauren Messiah Inc. does not select the content posted to the website and uses an automatic technical process to carry out the transmission, routing, and provision of connections and storage.Lauren Messiah Inc. aggregates content from users in a non-selective way to meet Safe Harbor requirements.
Lauren Messiah Inc. takes intellectual property rights of others extremely seriously and does not tolerate Writers posting content that infringes the rights of another. Per the Digital Millennium Copyright Act (DMCA), Lauren Messiah Inc. will respond expeditiously to any claims that any content posted by Writers include copyright infringement. In order to ensure such claims are timely seen, claims must be submitted toLauren Messiah Inc.’s Copyright Agent as described below.
Registered Copyright Agent.Lauren Messiah Inc. has designed an agent for service of copyright claims, which has been outlined below, and filed with the U.S. Copyright Office via an online filing. This individual has been designated the Copyright Agent within Messiah Media, and can be reached at the following address:
Notice and Takedown Procedure. Messiah Media abides by the federal DMCA, and takes notices of alleged infringement that comply with the DMCA and other applicable laws very seriously. Upon receipt of a DMCA-compliant notice of infringement, Messiah Media will promptly take down or block access to the allegedly infringing matter, and will contact the Writer in question so they may take further action in accordance with the DMCA. a. To file a notice of infringing material on www.laurenmessiah.com, please provide the following information to our Copyright Agent, sent to the address above: i. Reasonably sufficient details for identification of the copyrighted work which is claimed to have been infringed; ii. Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (e.g. a website linking to the page in question); iii. Contact information for the copyright holder; iv. A statement that the complainant believes in good faith that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law; v. A statement that the above information is accurate and, under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed, and; vi. A physical or electronic signature of the copyright holder or its agent.
Repeat Infringer Policy. If any Writer is accused of copyright infringement more than once, he or she will be promptly terminated as a Writer, the account will be terminated, and the Writer will not be able to apply for a writing position withLauren Messiah Inc. again. Lauren Messiah Inc. maintains records of DMCA takedown notices to ensure compliance with this policy.
Your Conduct A. Should you choose to post anything on our Websites, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
You may use our Website for lawful purposes only and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable.
You agree that we are the sole decider in whether the content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon the information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
Use of Free Materials or Content A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Messiah Media credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
Disclaimer A. The purpose of Websites are solely to provide educational information to those wishing to view it. Any Content on Websites or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Websites, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.
You also understand and acknowledge that we are not doctors, lawyers, therapists, psychics, accountants, nurses, counselors, nor do we claim to provide any such advice that should be obtained from a medical, or other professional after evaluating your specific situation, issue, or business. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.
You understand and agree that Websites and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other experts regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
Your decision to visit our Website, use the information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to holdLauren Messiah Inc. harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.
Technology Disclaimer A. By using our Website, you understand and agree thatLauren Messiah Inc. makes no guarantees or warranties regarding the condition of the Website, including functionality, the existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
We will make every effort to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.
We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
Information You Provide A. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information (we accept Visa, Mastercard, American Express, Discover, and PayPal) and a billing address, and may be asked to create a username and password to gain access to your purchased materials or if you become a member of our paid membership site,Lauren Messiah Inc. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone. B. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.
Online Purchases A. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
We reserve the right to refuse any order placed through the Website, for any reason. 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 payment method, and/or orders that used the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, false accounts, spam accounts, or any other accounts which otherwise raise a red flag or appear fraudulent, regardless of whether or not they actually are.
We do NOT provide refunds for any of our programs (Style Confidence Collective, Personal Style University, Beyond Style, Beyond Business, Mastermind, Style Boss Academy). All payments are non-refundable, and you are responsible for the full amount of the fees for the program regardless of whether or not you complete the program.
Indemnification A. You agree at all times to defend, fully indemnify and hold Lauren Messiah Inc. and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third-party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defence, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
Limitation of Liability A. You understand and agree that the information offered via Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full, and have no way of knowing of a program’s specific applicability to your life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurred therefrom.
You understand and agree thatLauren Messiah Inc. is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
C. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that the use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for a particular purpose, accuracy, or otherwise.
Release of Claims A. You also agree that under no circumstances will we be liable to any party for any type of damages resulting from or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.
Termination A. You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
Dispute Resolution A. These Terms and Conditions shall be governed by the laws of the state of California. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Los Angeles, California regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Lauren Messiah Messaging Terms & Conditions
This SMS message program is a service ofLauren Messiah. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) fromLauren Messiah. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You giveLauren Messiahpermission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase.Message & data rates may apply.
Message frequency may vary.Lauren Messiahreserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.Lauren Messiahalso reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.Lauren Messiah, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree thatLauren Messiahand its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages fromLauren Messiahthrough any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OFLauren MessiahOR ANY PARTY ACTING ON BEHALF OFLauren MessiahBE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TOLauren MessiahHEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IFLauren MessiahHAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THELauren MessiahMESSAGING PROGRAM.Lauren MessiahAND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmlessLauren Messiah, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages fromLauren Messiahor its service providers.
General.Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages fromLauren Messiahor its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU ANDLauren MessiahARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions.Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you orLauren Messiahto: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator.Any arbitration between you andLauren Messiahwill be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions.YOU ANDLauren MessiahAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you andLauren Messiahagree 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. You agree that, by agreeing to these Messaging Terms, you andLauren Messiahare each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU ANDLauren MessiahAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you andLauren Messiahagree 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.
Modifications to this Arbitration Provision.Notwithstanding anything to the contrary in these Messaging Terms, ifLauren Messiahmakes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change toLauren Messiah’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you andLauren Messiah.
Enforceability.If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages fromLauren Messiahafter we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you andLauren Messiahconcerning the Messaging Program.
Please contact us with any inquiries or concerns at [email protected] or write to us at:713 N. Sycamore Ave #2, Los Angeles CA 90038.
Should you have any questions with respect to any of the foregoing, please contact us at [email protected]