Privacy Policy / Terms
UroTuning, LLC, a Florida limited liability company owns and operates the www.UroTuning.com website. Please review our privacy policy carefully and contact us if you have any questions. By using our Website, you are agreeing to the practices described on this page; if you don’t agree with the practices, please do not use the Website.
We make reasonable efforts to make sure your information is safe, however we cannot guarantee the security of your personal information. No server or Internet transmission is ever 100% secure or error-free. We do not share your information except for the reasons discussed in our Privacy Policy below.
Please review this Privacy Policy carefully and contact us if you have any questions.
Information Collected
- How Your Information is Used
- How You Can Access or Change Your Information
- Your Options Regarding the Collection and Use of Your Information
- Cookies and Other Technologies
- How We Protect Your Information
- Children’s Privacy
- External Sites and Links
- Visitors to Our Website from Outside of the United States
- Changes to this Privacy Policy
- Contacting Us
1. Information Collected
Generally.
When you send or enter information on our Website, we may store it. Such information includes information that can identify you, such as your first and last name, phone number, mailing address and email address, fax number, shipping address, and billing information (such as your credit card number, cardholder name, expiration date, security code, and billing address). In addition, we may ask for other information from you. You can choose not to provide the information we request, but in some cases, if you don’t provide the requested information, we may not be able to complete the transaction. Some amount of personal information is required in order to use the site at all. For example, your email address is required in order to purchase anything from the Website, to submit a customer service request, for us to respond to any questions or customer service requests, to participate in a poll, survey, contest, or sweepstakes, or to initiate other transactions on our site.
Gift Recipient Information.
When you purchase anything on our Website as a gift or for someone else, we may request personal information about that person. You should acquire the consent of all other people before providing us with their personal information.
Information from Other Sources.
In addition to getting information directly from you, from time to time we may acquire personal and non-personal information about you from our affiliates, business partners, and other third parties and add it to our account information. Some examples of the type of information that we may accumulate include: updated delivery and address information, purchase history, and demographic information.
Automatically Collected Information.
When you visit our Website, some information is automatically collected. As an example, we will collect your IP address, internet browser software (whether Firefox, Safari, Google Chrome, Internet Explorer, or otherwise), and the referring website. Also, we may collect information about your activity on our Website, whether you view specific products, and any purchases made. We use this information to improve the customer experience and to prevent fraud. To read more about this, please read our “Cookies and Other Technology” section below.
Information Collected Using Google Analytics.
We use Google Analytics to learn how people use our Website. Google Analytics allows us to see data related to site traffic, but does not allow us to see any personally identifiable information. If you would like to opt out from the Google Analytics service, you may do so here.
2. How Your Information is Used
We use your billing information (cardholder name, credit card number, expiration date, billing address, and security code) in order to complete any transactions that you make on our site—whether purchases or for refunds. We do not store your credit card billing information. Third party service providers, such as the credit card processor that processes your transaction, may store your credit card billing information as necessary to process your transaction. We use other information about you to provide you with confirmations and updates, to manage your account, to communicate with you in general, to respond to your questions and comments, to improve our offerings, services, and Website, to notify you about special offers, products, or services, to customize your experience with our Website, to reward you as part of a rewards or recognition program that you choose to participate in, to request information from you (including via surveys), to resolve disputes, collect fees, or resolve problems, to prevent illegal or potentially illegal activities, to enforce our Terms of Use, to comply with laws and regulations, and as otherwise described at the point of collection of your information. We may use or disclose non-personally identifiable information at our discretion, without limitation.
Email Contacts.
We want to make sure you are informed of promotions or special offers on our Website. One way we do this is by sending email messages that contain offers currently on our Website. Note that you can unsubscribe from our email messages at any time through the link included at the bottom of each email. Please review “Choices Regarding Our Collection and Use of Your Information,” below.
Social Media Information.
We may receive information about you from certain social media companies and websites, including, but not limited to, Facebook, Twitter, and Instagram. Such information may include your name, profile, comments, and other information published on the social media site. Additionally, by interacting with us through any of our social media pages, you may provide personal information that will become publicly available through the social media website or on our Website. Please be aware that if you share personal information in a public setting like a social media channel, it may be publicly visible and may be collected and used by people or companies other than us.
Who We Share Your Information With
We may share your information with the following people or businesses:
Other Businesses.
We may share your information with those businesses selling goods or services on the Website, but only as required to allow such merchants to provide the goods or services to you as a purchasing customer. We will not share your contact information or email address with such businesses unless the information is required in order to provide the goods or services your purchase on the Website. We do not limit use or disclosure of your personal information. We recommend that you review the privacy policies of every business whose goods or services you purchase through our site. Note that some businesses may contact you in order to acquire information necessary to provide the goods or services purchased, to obtain additional information about you, to provide any warranty service, or to respond to comments or reviews you may submit.
Third-party merchants.
We may provide your information to third-party merchants or service providers, including credit card processors, business analytics, customer service, marketing firms, for the distribution of polls, surveys, promotions, or sweepstakes programs, and fraud prevention efforts. We may also allow third-party merchants or service providers to collect information for us, including information required to be able to operate features on our Website or to be able to provide online advertisements that target your specific interests. Third-party merchants may access and collect information, but only as needed to perform their specific functions. Third-party merchants are not allowed to share or use the information for any other purpose. They are also required to observe the same data security practices that we follow ourselves. We do not limit our third-party merchants’ and service providers' use or disclosure of your personal information.
Credit Card Information.
All credit card transactions are completed with a credit card processor merchant. If you request that we process a credit card transaction over the phone or in person, we do not store your credit card billing information and we do not share your credit card billing information with anyone except for our credit card processing merchant.
Business partners.
We may provide your information to business partners with whom we jointly offer products or services, or whose products or services are offered on our site. If a third party is involved in a product or service offered on our site, it will be evident because their name will appear on our site, either alone or with ours. If you access, use, or purchase any of the goods or services offered by our business partners, we may share information about you with them. Such information may include your personal information. We do not control the data security practices of third-party business partners.
Referring websites.
If another website referred you to our Website (whether through a link on the site or otherwise), we may share some information about you with the referring website. We do not place limitations on referring websites’ use of your personal information. We recommend that you review the privacy policies of any website that may have referred you to our Website.
Our related companies.
We may share your personal information with our related companies, including our parent company, UroTuning, LLC, as well as any corporate affiliates. Sharing your information allows us to provide you with information specific to your interests. Our parent company and affiliates will observe the same or higher level of protection of your information as the level that we observe, as described in this Privacy Policy. Our parent company and affiliates will also comply with all applicable laws and give you the opportunity in every commercial email to “opt-out” of receiving any further commercial messages.
Legal Purposes.
We may share your personal information in response to a subpoena, court order, or other legal process. We may share your information to substantiate legal claims or rights, defend legal claims, or as is required by law. In all such cases, we reserve our right to raise or waive any legal claim, objection, or right we may have.
Illegal Activity.
If we feel it is necessary to investigate or take action in response to illegal activities, whether suspected or actual, we may take any action authorized by law. Additionally, we may act to defend the rights, property, or safety of our company or website, our customers, merchants, or others, whether in connection with this agreement, any other agreements, or other source of law.
Corporate Transactions.
We may share your personal information in connection with a corporate transaction, whether a sale, merger, consolidation, partnership, or in the unlikely event of bankruptcy.
If not otherwise set forth, you will be given notice any time information about you will be shared with third parties. In such cases, you will have the option to choose not to have us share your information.
In addition to the above, we may also share anonymous or aggregate information with third parties, including advertisers, merchants, partners, and investors. For example, we may share with advertisers our website traffic and any statistics related to visitor interaction with our Website. Such information does not contain personal information.
3. Accessing or Changing Your Information
You can access and update your information on our Website by signing into your account on our Website. You can close your account by contacting us. If you close your account, you will no longer be able to sign in or access any of your personal information on your account. However, you can open a new account whenever you like. While your account will be closed, we may keep some information related to your account on file, for analytical or record-keeping purposes.
4. Choices Regarding Our Collection and Use of Your Information
As described above, you have the option not to provide us with your information. However, it may be required in order to make purchases on the Website, to interact with our customer service department, or to otherwise conduct business between you and our Website. You can add, remove, or update information. You can also close your account, as described above.
As a member of our site, you may receive email messages about offers on our site. If you do not wish to receive such email messages, you may unsubscribe via the link at the bottom of such an email message. Even if you unsubscribe, we reserve the right to send you communication regarding service announcements, administrative messages, and surveys related to your experience with the Website, without providing you the chance to opt out of such messages.
You cannot limit or prevent our use or disclosure of non-personally identifiable information.
5. Cookies, Other Technologies
Cookies are small data text files that can be stored on your computer’s hard drive. Some Internet browsers prevent the storage of cookies. Most browsers provide guidance to prevent your browser from accepting and storing new cookies, to notify you when you receive a new cookie, or to block cookies entirely. However, if you refuse to accept cookies, some of the functionality of our Website may be impaired and your experience may be affected.
This Website uses cookies as follows:
- To recognize you as a repeat visitor and to save and reapply any preferences or information that you may have entered into the Website on a prior visit. As one example, if you have already registered with our site and entered your email and password, we may use cookies to remember your account information so you will not need to log in again when you return to visit our Website.
- To customize your experience on this Website. As one example, if you access a page on our Website, a cookie may be automatically set by us to recognize your browser so we can provide relevant information based on your interests.
- To measure and research the impact of our Website pages, offers, advertisements, and email messages (by analyzing which emails you open and interact with).
6. Protecting your Information
Your trust is important to us. We are completely committed to protecting information that we collect on our Website. Although we can’t guarantee the security of our site, we have put in place a number of administrative, technical, virtual, and physical security methods to protect the information that you provide to us. For example, we limit access to personal information to authorized employees solely for business functions. Additionally, we use encryption when transmitting your information between our system and your system, using firewalls and intrusion detection systems to help prevent unauthorized people from accessing and viewing your information.
7. Protecting Children’s Privacy
Our Website is a general audience Website that does not offer services directed to children. Should a child whom we know to be under the age of 13 send personal information to us, we will use that information to respond directly to that child, to inform him or her that we require parental consent before accepting his or her personal information.
8. External Links
Any links to sites other than this Website are not operated under this Privacy Policy. Any such website may have its own privacy policy. We recommend that you review and understand any such privacy policy posted on any such website to understand how they may collect, use, and disclose your personal information.
9. California Privacy Rights
Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or ("CCPA") (California Civil Code Section 1798.100 et seq.) and the "Shine the Light" Law (California Civil Code Section 1798.83). If you are a California resident, this section applies to you.
California Consumer Privacy Act
Additional Disclosures Related to the Collection, Use, Disclosure of Personal Information
Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio and visual information, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect and the sources of such collection, please see "Collection of Information" above. We collect personal information for the business and commercial purposes described in "Use of Information" above.
Disclosure of Personal Information: We may share your personal information with third parties as described in the "Sharing of Information" section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, internet and electronic network activity information, commercial information, audio and visual information, geolocation data, demographic information, inferred information, and other information that we have derived or inferred about you or that relates to or is reasonably capable of being associated with you.
Sale of Personal Information: Company does not, and will not, sell the personal information of our customers.
Your Consumer Rights
If you are a California resident, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) to opt out of sales of your personal information, if applicable. You may make these requests by calling 813-444-7021 or visiting this page https://www.urotuning.com/pages/contact-us. We will verify your request by asking you to provide information related to your recent interactions with us, such as information regarding a recent purchase. To designate an authorized agent to exercise these rights on your behalf, please contact us. We will not discriminate against you if you exercise your rights under the CCPA.
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at support@urotuning.com or call us at 813-444-7021.
10. Visiting our Website from Outside the United States
Our Website is operated by a Florida limited liability company. If you are visiting our Website from outside of the United States, please be aware that your information may be submitted to, stored, and processed in the United States, where our servers are located and our central database operates. The laws of your country might be more stringent than the laws of the United States, but we do take many precautions to protect your information. By using our services, you understand that your information may be submitted to our facilities as well as any third parties with whom we may share it in conformance with this Policy.
If you are located in the European Economic Area or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data.
Legal Basis for Processing
When we process your personal data, we will only do so in the following situations:
- In order to perform our responsibilities under a contract with our customers, such as by providing the Services you requested; or
- We have a legitimate interest in processing your personal data, such as to send you communications about products or services that may interest you.
Data Subject Requests
You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please contact us at support@urotuning.com or call us at 813-444-7021. You may also contact us using the contact information below to exercise these rights.
Questions or Complaints
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your Data Protection Authority, please see:
http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm -- or for Swiss residents, see https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
11. Changes to this Privacy Policy
In the future, we may change or update this Policy. We will notify you of any material changes by sending you a notice to the email address that you provide or by placing a conspicuous notice on our Website.
12. Contacting Us
If you have questions about this Privacy Policy, any products or services listed on our Website, or questions about us in general, visit our support page to contact a UroTuning representative.
TERMS AND CONDITIONS
Copyright
Trademarks
All trademarks, service marks and trade names of www.Urotuning.com used in the site are trademarks or registered trademarks of www.Urotuning.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.Urotuning.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.Urotuning.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.Urotuning.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.Urotuning.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.Urotuning.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.Urotuning.com product is mistakenly listed at an incorrect price, www.Urotuning.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.Urotuning.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.Urotuning.com shall issue a credit to your credit card account in the amount of the incorrect price.
Terms of Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.Urotuning.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.Urotuning.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.Urotuning.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.Urotuning.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.Urotuning.com products) must be commenced within one (1) year after the claim or cause of action arises. www.Urotuning.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.Urotuning.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.Urotuning.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.Urotuning.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.Urotuning.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.Urotuning.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.Urotuning.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.Urotuning.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.Urotuning.com may link to sites operated by third parties. However, even if the third party is affiliated with www.Urotuning.com, www.Urotuning.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.Urotuning.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.Urotuning.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Use of the names and manufacturer logos Audi®, Volkswagen®, VW®, Porsche®, BMW® and others referred to herein are trademarks or registered trade names of their respective companies or mark holders and used for descriptive purposes only. UroTuning is not associated with or endorsed by Audi AG, Vo Kswagen AG, Audi of America, Volkswagen of America, BMW Group or Porsche AG. Prices are subject to change without notice.
UroTuning (hereinafter, “We,” “Us,” “Our”) is 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 (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.
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 and Indemnify: 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 INDEMNIFY, 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 and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. 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 support@urotuning.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. T-Mobile is 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 of 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 Tampa, Florida 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 UroTuning’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.
