Marketing Terms & Conditions Ontel Products Corporation

SMS Terms and Conditions

Please read these SMS Text Messaging Marketing Terms & Conditions (“Terms and Conditions”) carefully. By voluntarily signing up for Ontel Products Corporation’s (“Ontel”) SMS text messaging marketing program, you accept and agree to be bound by these Terms and Conditions and expressly consent to receive non-marketing and marketing text messages from Ontel, including text messages made with an automatic dialing system “autodialer,” at the telephone number you provide. You also acknowledge these Terms and Conditions contain an arbitration clause and class action waiver, which affects how disputes regarding these Terms and Conditions are resolved. You may opt-out of receiving SMS text messaging communications from Ontel at any time and understand your consent to receive SMS text messages is not required to purchase any goods or services from Ontel.

If you have subscribed to Ontel’s SMS text messaging program by clicking Yes! on an Ontel website, you will receive up to 6 SMS text messages from Ontel a month. Depending on the terms of your contract with your mobile carrier service provider, message and data rates for each SMS text message from Ontel may apply. By confirming with “Y” to receive SMS text messages from Ontel, you understand SMS text messages from Ontel will be sent using an automated dialing system. If, at any time, you want to stop receiving SMS text messages from Ontel, please send STOP to 639639 via a SMS text message from the phone number you no longer wish to receive messages on or call Ontel’s customer service department at (800) 887-5909. For help with Ontel SMS text alerts, please send HELP to 639639 via a SMS text message.

Program Description

Ontel and its service providers may use an autodialer to deliver SMS text messages to you. Ontel text messages are intended to provide you with information about your upcoming delivery and introduce you to new and exciting offers by Ontel (e.g., Ontel coupons, promotions, product launches, contests).

Message Frequency

The number of SMS text messages you will receive from Ontel will vary based on the number of products ordered. You will receive a maximum of 6 SMS text messages from Ontel per month.

Cost

Message and data rates may apply to each SMS text message sent or received in connection with Ontel SMS text messages, as provided by your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

Supported Carriers

Supported carriers may change from time to time, with or without notice to you.

How to Opt-In

To stop receiving SMS text messages from Ontel, please send STOP to 639639 via a SMS text message from the phone number you no longer wish to receive messages on. You will then receive confirmation of your opt-out of Ontel’s SMS text messaging program.

Your Mobile Telephone Number

You represent you are the account holder for all mobile telephone numbers you provide to Ontel for enrollment into Ontel’s SMS text messaging program and acknowledge you are responsible for notifying Ontel immediately if you change your mobile telephone number. You agree to indemnify Ontel in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify it if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy

Please click here to access Ontel’s privacy policy.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge network services, including but not limited to, mobile network services, are outside of Ontel’s control, and recognize Ontel is not responsible or liable for issues arising from delivery of SMS text messages or failure thereof.

Support/Help

For help with Ontel SMS text alerts or questions about these Terms and Conditions, please send HELP to 639639 via a SMS text message or call Ontel’s customer service department at (800) 887-5909.

Eligibility

To receive Ontel SMS text messages, you must be a resident of the United States and 18 years of age or older. Ontel reserves the right to require you to prove that you are at least 18 years of age before it may send you SMS text messages.

Changes to Terms and Conditions

Ontel may, at any time, at its discretion, without further notice to you, revise, modify, or amend these Terms and Conditions. Any such revision, modification, or amendment shall take effect when posted herein. You agree to review these Terms and Conditions periodically to ensure you are aware of any changes. Your continued consent to receive SMS text messages will indicate your acceptance of any such changes.

Termination of Text Messaging

Ontel may suspend or terminate your receipt of SMS text messages if it believes you are in breach of any aspect of these Terms and Conditions or your mobile telephone service terminates or lapses. Ontel reserves the right to modify or discontinue, temporarily or permanently, all or any part of SMS text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with Ontel via postal mail, telephone, and/or e-mail. Ontel may, from time to time, at its discretion, issue notices to you about these Terms and Conditions using any or all of these channels of communication. You agree any such notices shall have legal effect and notice sent by e-mail satisfy any requirement that notice be provided in writing.

Arbitration and Class Action Waiver

In the unlikely event Ontel is unable to resolve a concern you may have regarding its SMS text messaging program, you agree all disputes between you and Ontel will be resolved via binding arbitration in the following manner.

Any dispute or claim relating to your participation in or use of Ontel’s SMS text messaging program will be resolved by binding arbitration in New Jersey in accordance with New Jersey law, rather than in a court of law. All controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of these Terms and Conditions, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Ontel or any Ontel employee, agent, successor, or assign, shall exclusively be settled through binding and confidential arbitration. Additionally, Ontel retains the right to seek injunctive or other equitable relief against you in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade dress, trade secrets, patents, or other intellectual property rights.

The arbitration and class action waiver contained within these Terms and Conditions 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 Ontel each hereby agree the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to the agreement to arbitrate contained herein and governs all questions of whether a dispute is subject to arbitration. Any arbitration conducted with respect to these Terms and Conditions shall be presided over by the JAMS Mediation, Arbitration, ADR Services (“JAMS”) and administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). The arbitrator or arbitrators selected must honor the terms and limitations contained within these Terms and Conditions 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 voluntarily signing up for Ontel’s SMS text messaging marketing program, you are expressly waiving your right to: sue in a court of law, receive a trial by jury and 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.

These Terms and Conditions do not allow for class arbitrations, even if the procedures or rules of JAMS would. You are only entitled to pursue arbitration against Ontel on an individual, bilateral basis. The chosen JAMS 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 bargaining. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

The arbitration and class action waiver contained within these Terms and Conditions 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.

Opt-Out of Agreement to Arbitrate and Class Action Waiver

At any time, you can decline the above arbitration and class action waiver by writing to Ontel at the below address and providing the following information: (1) your name; (2) your address; (3) your phone number; and (4) a clear statement that you wish to opt out of the arbitration and class action waiver contained within these Terms and Conditions. Your opt-out request must be postmarked no later than thirty (30) calendar days from the date you first opt-in to Ontel’s SMS text messaging program.

Limitation of Liability

To the fullest extent permissible under law, Ontel is not responsible and will not be liable to you or any affiliate of yours for damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney fees.

Applicable Law

These Terms and Conditions are governed by New Jersey laws in accordance with the terms set forth herein.

Severability

If any provision contained herein is determined to be illegal, invalid, or incapable of being enforced, such provision shall be excluded to the extent of such illegality, invalidity, or unenforceability and all other provisions contained herein shall remain in full force and effect, and, to the extent permissible and possible, the illegal, invalid, or unenforceable provision shall be deemed replaced by a lawful, valid, and enforceable provision that comes closest to expressing the intent of the replaced provision.

Disclaimer of Warranties

To the maximum extent permissible by law, Ontel makes no representations or warranties regarding Ontel’s SMS text messaging program or content you receive through its SMS text messaging program and disclaims all warranties and representations, express or implied, including any warranties of merchantability or fitness. Any aspect of Ontel’s SMS text messaging program could include inaccuracies, other errors, or may not function in the manner you anticipated. Ontel is not responsible for circumstances beyond its control, including without limitation, acts or omissions of third-parties, atmospheric conditions, or acts of God. Ontel does not promise or ensure you will receive an error-free SMS text messaging program. Ontel will not be liable for any delays in your receipt of any SMS text messages, as delivery is subject to the effective transmission from your mobile carrier service provider.

E-mail Terms and Conditions

Please read these E-mail Marketing Terms & Conditions ("Terms and Conditions") carefully. By voluntarily signing up for Ontel Products Corporation's ("Ontel") e-mail messaging program, you accept and agree to be bound by these Terms and Conditions and expressly consent to receive non-marketing and marketing e-mails from Ontel. You also acknowledge these Terms and Conditions contain an arbitration clause and class action waiver, which affects how disputes regarding these Terms and Conditions are resolved. You may opt-out of receiving e-mail communications from Ontel at any time and understand your consent to receive e-mail messaging is not required to purchase any goods from Ontel.

If you have subscribed to Ontel's e-mail messaging program by clicking Yes! on an Ontel website, you will receive up to 10 e-mail messages from Ontel a month. For help with Ontel e-mail messages, call Ontel's customer service department at (800) 887-5909 or e-mail customer service at ontelcs@rephelpdesk.com

Program Description

Ontel and its service providers may use a third-party to deliver e-mail messages to you. Ontel e-mail messages are intended to provide you with information about your upcoming delivery and introduce you to new and exciting offers by Ontel (e.g., Ontel coupons, promotions, product launches, contests).

Eligibility.

To receive Ontel e-mail messages, you must be a resident of the United States and 18 years of age or older. Ontel reserves the right to require you to prove that you are at least 18 years of age before it may send you e-mail messages.

Message Frequency

The number of e-mail messages you will receive from Ontel will vary based on the number of products ordered. You will receive a maximum of 10 e-mail messages from Ontel per month.

How to Opt-In

To opt-in to receive e-mail messages from Ontel, please click the box to the left of the text on an Ontel website which reads, "Yes! Sign me up to receive text and e-mail messages from Ontel Products Corp. about my order and the latest offers. Message and data rates may apply. 10 messages per month/delivery system. For more info click here.""

How to Opt-Out

To stop receiving e-mail messages from Ontel, please do any of the following: (1) click the “unsubscribe” button on any e-mail and follow the instructions (if any); (2) call Ontel’s customer service department at (800) 887-5909; or (3) e-mail customer service at ontelcs@rephelpdesk.com. Once you have opted-out from receiving e-mail messages from Ontel, we will not sell or transfer your e-mail address unless required to comply with the CAN-SPAM Act of 2003.

Privacy

Please click here to access Ontel’s privacy policy.

Access or Delivery to Network is Not Guaranteed

Delivery of information and content to a device may fail due to a variety of circumstances or conditions. You understand and acknowledge network services, including but not limited to, mobile network services and internet connectivity issues are outside of Ontel's control, and recognize Ontel is not responsible or liable for issues arising from delivery of e-mail messages or failure thereof.

Limited License

All information, content, services, and software displayed on and/or transmitted through e-mail messages including, but not limited to, coupons, promotions, product launches, contests, reviews, photographs, images, illustrations, audio or video clips, surveys, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is exclusively owned by Ontel. You may use the Content solely for your personal, NONCOMMERCIAL USE, and you may download or print a single copy of any portion of the Content solely for your personal, NONCOMMERCIAL USE, provided you do not remove any trademark, copyright or other notice from such Content. No other use is permitted without prior written permission of Ontel. The permitted use described in this section is always contingent on your compliance with these Terms and Conditions. Except where explicitly provided for herein, you may not republish any portion of the Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for compensation or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content in violation of the terms herein. Requests to use Content for any purpose other than as permitted in these Terms and Conditions should be directed to legal@ontel.com.

Transactions and e-Commerce; Ontel Websites; Linked Websites

E-mail messages may contain links to other Ontel owned websites (collectively, “Ontel Website(s)”) that you may visit at your leisure. During your visit to an Ontel Website, you may elect to engage in a transaction involving the purchase of a product offered by Ontel. Credit card transactions and order fulfillment are handled by a third-party processing agent, bank, or distribution institution. While in most cases transactions are completed without difficulty, Ontel cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.

E-mail messages may contain links to other websites not owned by Ontel (collectively, “Linked Website(s)”) that you may visit at your leisure. You should not infer or assume Ontel operates, controls, or is otherwise connected with these Linked Websites. Please be careful to read the applicable terms and conditions and privacy policy of a Linked Website before you provide any personal information or engage in any transactions. Ontel is not responsible for the content or practices of any website not owned by Ontel. By visiting such website, you acknowledge and agree that Ontel is not responsible or liable to you for any content or other materials hosted, served, or residing on the domain from any websites other than Ontel Websites, and then only to the extent provided for herein. Please carefully review a Linked Website’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns, or questions relating to materials provided by a Linked Website should not be directed to Ontel.

Errors in Advertisements

On occasion, a product may not be available at the time or price as it appears in an advertisement, Ontel Website, or Linked Website. In such event, or in the event a product is listed at a different price or with different information due to typographical error, technology error, error in pricing or product information, or for any other reason, you agree Ontel is not responsible for such errors or discrepancies.

Embedded Video Player

An e-mail message may provide a link to an Ontel audio or video clip on YouTube. By using, interacting, or engaging with YouTube, you agree to be bound by the YouTube Terms of Service, found here: https://www.youtube.com/t/terms.

Changes to Terms and Conditions

Ontel may, at any time, at its discretion, without further notice to you, revise, modify, or amend these Terms and Conditions. Any such revision, modification, or amendment shall take effect when posted herein. You agree to review these Terms and Conditions periodically to ensure you are aware of any changes. Your continued consent to receive e-mail messages will indicate your acceptance of any such changes.

Termination of E-mail Messaging

Ontel may suspend or terminate your receipt of e-mail messages if it believes you are in breach of any aspect of these Terms and Conditions. Ontel reserves the right to modify or discontinue, temporarily or permanently, all or any part of e-mail messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with Ontel via postal mail, telephone, and/or e-mail. Ontel may, from time to time, at its discretion, issue notices to you about these Terms and Conditions using any or all of these channels of communication. You agree any such notices shall have legal effect and notice sent by e-mail will satisfy any requirement that notice be provided in writing.

Arbitration and Class Action Waiver

In the unlikely event Ontel is unable to resolve a concern you may have regarding its e-mail messaging program you agree all disputes between you and Ontel will be resolved via binding arbitration in the following manner.

Any dispute or claim relating to your participation in or use of Ontel’s e-mail messaging program will be resolved by binding arbitration in New Jersey in accordance with New Jersey law, rather than in a court of law. All controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of these Terms and Conditions, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Ontel or any Ontel employee, agent, successor, or assign, shall exclusively be settled through binding and confidential arbitration. Additionally, Ontel retains the right to seek injunctive or other equitable relief against you in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade dress, trade secrets, patents, or other intellectual property rights.

The arbitration and class action waiver contained within these Terms and Conditions is intended to be broadly interpreted, and expressly includes claims brought under the CAN-SPAM Act of 2003 or any other statute, regulation, legal, or equitable theory. You and Ontel each hereby agree the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to the agreement to arbitrate contained herein and governs all questions of whether a dispute is subject to arbitration. Any arbitration conducted with respect to these Terms and Conditions shall be presided over by the JAMS Mediation, Arbitration, ADR Services (“JAMS”) and administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). The arbitrator or arbitrators selected must honor the terms and limitations contained within these Terms and Conditions 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 voluntarily signing up for Ontel’s email messaging program, you are expressly waiving your right to: sue in a court of law, receive a trial by jury and 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.

These Terms and Conditions do not allow for class arbitrations, even if the procedures or rules of JAMS would. You are only entitled to pursue arbitration against Ontel on an individual, bilateral basis. The chosen JAMS 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 bargaining. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

The arbitration and class action waiver contained within these Terms and Conditions 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.

Opt-Out of Agreement to Arbitrate and Class Action Waiver

At any time, you may decline the above arbitration and class action waiver by writing to Ontel at the below address and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of the arbitration and class action waiver contained within these Terms and Conditions. An opt-out request must be postmarked no later than thirty (30) calendar days from the date you first opted-in to Ontel's e-mail messaging program.

Limitation of Liability

To the fullest extent permissible under law, Ontel is not responsible and will not be liable to you or any affiliate of yours for damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney fees.

Applicable Law

These Terms and Conditions are governed by the laws of the State of New Jersey in accordance with the terms set forth herein.

Severability

If any provision contained herein is determined to be illegal, invalid, or incapable of being enforced, such provision shall be excluded to the extent of such illegality, invalidity, or unenforceability and all other provisions contained herein shall remain in full force and effect, and, to the extent permissible and possible, the illegal, invalid, or unenforceable provision shall be deemed replaced by a lawful, valid, and enforceable provision that comes closest to expressing the intent of the replaced provision.

Disclaimer of Warranties

To the maximum extent permissible by law, Ontel makes no representations or warranties regarding Ontel's e-mail messaging program or content you receive through its e-mail messaging program and disclaims all warranties and representations, express or implied, including any warranties of merchantability or fitness. Any aspect of Ontel's e-mail messaging program could include inaccuracies, other errors, or may not function in the manner you anticipated. Ontel is not responsible for circumstances beyond its control, including without limitation, acts or omissions of third-parties, atmospheric conditions, or acts of God.

Support/Help

For help with Ontel’s e-mail messaging program or questions about these Terms and Conditions, please e-mail ontelcs@rephelpdesk.com or call Ontel’s customer service department at (800) 887-5909.