IcyRichUSA.com (hereinafter, “We,” “Us,” “Our”) is presenting a mobile messaging program (the “Program”), which you agree to utilize 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 acknowledge and agree to these terms and conditions, including, without limitation, your acceptance of resolving any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement pertains solely to the Program and is not intended to alter other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in different contexts.

User Opt-In:

The Program enables users to receive SMS/MMS mobile messages by opting into the program, affirmatively expressing their consent through online or application-based enrollment forms. Regardless of the opt-in method chosen to join the Program, you acknowledge that this Agreement governs your participation in the Program. By taking part in the Program, you consent to receiving autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. It's important to note that consent is not required to make any purchase from us. While you agree to receive messages sent using an autodialer, this should not be construed to suggest or imply that all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Standard message and data rates may apply.

User Opt-Out:

If you no longer wish to participate in the Program or disagree with this Agreement, you can opt out by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us. Opting out in this manner signifies your decision to no longer be part of the Program. Please note that you might receive an additional mobile message confirming your choice to opt out.

You acknowledge and agree that the aforementioned options are the only reasonable methods for opting out. Additionally, you understand and agree that any alternative method of opting out, including, but not limited to, texting words other than those specified above or verbally requesting our employees to remove you from our list, is not considered a reasonable means of opting out.

Duty to Notify and Indemnify:

Should you decide to cease using the mobile telephone number subscribed to the Program, whether by canceling your service plan or transferring the phone number to another party, you agree to complete the User Opt-Out process outlined above before discontinuing use of the mobile telephone number. Your commitment to follow this process is a material aspect of these terms and conditions.

Additionally, if you discontinue the use of your mobile telephone number without notifying us of such change, you accept responsibility for all costs (including attorneys’ fees) and liabilities incurred by us or any party assisting in the delivery of mobile messages. This includes claims brought by individuals who are later assigned that mobile telephone number. This duty and agreement will persist beyond the cancellation or termination of your participation in any of our Programs.

Duty to Notify and Indemnify:

In the event that you plan to cease using the mobile telephone number subscribed to the Program, including canceling your service plan or transferring the phone number to another party, you commit to completing the User Opt-Out process outlined above before discontinuing use of the mobile telephone number. Your acknowledgment and commitment to follow this process are integral parts of these terms and conditions.

Furthermore, should you discontinue the use of your mobile telephone number without notifying us of such change, you agree to bear responsibility for all costs (including attorneys’ fees) and liabilities incurred by us or any party assisting in the delivery of mobile messages. This includes claims brought by individuals who are later assigned that mobile telephone number. This duty and agreement will persist beyond the cancellation or termination of your participation in any of our Programs.

 

Indemnification Agreement:

You agree to indemnify, defend, and hold us harmless from any claim or liability arising from your failure to notify us of a change in the information you have provided. This includes 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. This indemnification pertains to any consequences resulting from our attempts to contact you at the mobile telephone number you provided.

 

Program Description:

Users opting into the Program can expect to receive messages related to the marketing and sale of digital and physical products, services, and events. This description is not exhaustive, and the Program may encompass additional content within its scope.

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 from which you received messages or email us at icyrichapparel@gmail.com. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted following the procedures outlined 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 or engage with the Platform if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to use or engage with the Platform. By using or engaging with the Platform, you confirm that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) with your parent’s or legal guardian’s permission, or are of adult age in your jurisdiction. You also acknowledge that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:

You agree not to send any prohibited content over the Platform, which includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on 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 received;
• Any content implicating and/or referencing personal health information protected by HIPAA or the HITEC Act; and
• Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Arbitration Agreement:

The parties agree to submit the dispute to binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time. Unless stated otherwise herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ICY RICH’s principal place of business is located, disregarding 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 possesses knowledge of and experience with the subject matter of the dispute. If an agreement on an arbitrator is not reached within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must meet the same experience requirement.

In case of a dispute, the arbitrator shall determine the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties further agree that the AAA’s rules governing Emergency Measures of Protection shall apply instead of seeking emergency injunctive relief from a court. The arbitrator's decision shall be final and binding, and no party shall have rights of appeal except as provided in section 10 of the FAA.

 

The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply instead 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 as 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 concerning 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. 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.

You warrant and represent to us that you possess all necessary rights, power, and authority to agree to these Terms and fulfill your obligations hereunder. Nothing in this Agreement or in the performance of such obligations will result in a breach of any other contract or obligation on your part. The failure of either party to exercise any right provided for herein will not be considered 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 to ensure the remainder of this Agreement remains in full force and effect and enforceable. Any new features, changes, updates, or improvements to the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement periodically. Any updates will be communicated to you. You acknowledge your responsibility to review this Agreement regularly and to stay informed of any changes. By continuing to participate in the Program after any modifications, you accept this Agreement, as amended.