BrandsOptim Messaging Terms & Condition

BrandsOptim Sms Notice

You Agree to receive our automated promotional and personalized marketing text (e.g. SMS and MMS) messages (e.g. cart reminders) from BrandsOptim, including text messages that are sent using an automatic telephone dialing system, to the mobile telephone number you submitted when signing up, or any other number that you provide. In our messaging service, messages & data rates may apply accordingly.

In our messaging service, message frequency will vary. BrandsOptim reserve every right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages to all the users. In addition, BrandsOptim also reserves the right to change the short code or phone number from which messages are sent and you will be notified when we do so.

It must be noted that not all mobile devices or handsets may be supported and our messages may not be deliverable in all regions or areas. BrandsOptim, its service providers, and the mobile carrier supported by the program are not responsible for the delayed or undelivered messages in any manner.

You also agree to our BrandsOptim Terms of Use and Privacy Notice.

• Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor Carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

In order to cancel your subscription to our Messaging Service, text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or Phone number. After texting one of these words to our shortcode, you will receive one additional message confirming that your request has been processed. It is to inform you that our text message platform may not recognize and respond to particular unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, and that BrandsOptim and its service providers will have no liability for failing to honor such requests. If you choose to unsubscribe from one of our text message programs, you may continue to receive text messages BrandsOptim through any other programs you have joined until you individually unsubscribe from those programs as well.

Customer Care

Text the keyword HELP to our shortcode to return customer care contact information.

In case, if you are experiencing any problems email at info@BrandsOptim.com

This messaging program is offered by

BrandsOptim,

located at Los Angeles, CA.

Dispute Resolution

1. General. In the interest of resolving disputes between you and BrandsOptim in the most convenient and cost-effective manner, you and BrandsOptim agree that any existing dispute or issue arising out of or related to our messaging terms and conditions, or your receipt of text messages from BrandsOptim or its service providers will be resolved by binding arbitration only. In comparison, Arbitration is less formal than a lawsuit in court. In its process and conduct, Arbitration uses a neutral arbitrator instead of a judge or jury, and it may allow for more limited discovery than in court. In addition to that, arbitrators have the absolute authority to award the same damages and reliefs that are awarded by a court. This categorical agreement to arbitrate disputes includes all issues, claims, and arguments arising out of or in any way related to these Messaging Terms, or your receipts of SMS from BrandsOptim or its trusted service providers whether based in contract, tort, statute, unlawful act, misinformation, or any other legal theory and regardless of when a claim arises. As a user of our Messaging Service and by agreeing to these messaging terms, you and BrandsOptim are each abandoning every right to a trial by jury or to participate in a class action and that these messaging terms shall be governed by the federal arbitration act only in every situation.

2. Exceptions. Notwithstanding subsection (1) above, nothing in these detailed Messaging Terms and Conditions will be deemed to waive the right of you or BrandsOptim to (i) submit an individual action in small claims court; (ii) proceed with specific enforcement action through the applicable federal, state, or local agency if that action is available; (iii) look for injunctive relief in aid of arbitration from a court of competent jurisdiction, and lastly (iv) file suit in a law court to address the claim of intellectual property infringement.

3. Arbitrator. Arbitration between you and BrandsOptim will be governed by the Federal Arbitration Act, Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BrandsOptim. The arbitrator has absolute authority to resolve disputes relating to the interpretation, and applicability of this compulsory arbitration agreement.

4. Notice Process. Under any circumstances, if you or BrandsOptim decides to seek arbitration, then it is the foremost responsibility of the party seeking arbitration, that they must send a formally drafted notice of the dispute to the other party by U.S. Mail (termed as "Notice"). BrandsOptim address for Notice is Los Angeles, CA.. The formal Notice must explain in detail: (i) nature and the reasons of the claim or dispute; and (ii) the specific relief sought ("Demand"). If you and BrandsOptim fail to resolve the registered claim directly within the span of 30 days after the Notice is received, then it is required from you and BrandsOptim to proceed with an arbitration process. During the proceedings of arbitration, the settlement offer made by you and or BrandsOptim must not be revealed in any situation to the governing arbitrator, until they make a final decision and settles the award amount.

5. Fees. If you start off with arbitration according to Messaging Terms, BrandsOptim will compensate you for the filing fee, unless your claim is for more than $100 or as set forth below, in which case the payment of any fees will be decided by the Rules of AAA. If the claim is for $100 or less, you may choose whether the arbitration will be proceeded: (i) only on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) and by in-person hearing as established by the AAA Rules. If from the confirmed resources, the arbitrator finds out that either the substance of your submitted claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as set by the standards of Federal Rule of Civil Procedure 11(b)), then the total payment of all fees will be governed only by the AAA Rules. In this situation, you agree to refund BrandsOptim for all money previously donated by it that is otherwise your responsibility to pay following AAA Rules. Despite the way arbitration is conducted, it is the official responsibility of the governing arbitrator to issue a written decision with all the essential findings, necessary details, and explanations contained therein. You and BrandsOptim collectively agree that the contents of the written decision and all the information perceived during the arbitration process will be kept confidential, excerpt if there is a need to carry out judicial review of the award. It should be noted that the governing arbitrator may resolve disputes concerning the payment, refund, or the relevant expenses during the proceedings, upon any submitted request from your end or BrandsOptim made within the time span of the fourteen days of the arbitrator’s decision.

6. No Class Actions. It is categorically agreed by you and BrandsOptim that each may register the claim against the other party only in an individual capacity. You are not supposed to bring any claims as a plaintiff or a class member in any representative proceedings. In addition to it - unless you and BrandsOptim agree in a form of a signed document - the governing arbitrator will not integrate more than a single person’s forwarded claim, and therefore will not govern any other class proceeding in any case.

7. Modifications to Arbitration Provision. If any future changes are made by BrandsOptim except the address for Notice, you have the option to reject such changes by sending us a formally drafted notice within 30 days of the change registered. However, in such a situation, this particular arbitration provision will continue to govern the disputed matter between and BrandsOptim whatsoever.

8. Enforceability. If the governing arbitrator decided that imposed law prohibits the enforcement of any of the limitations of section (7) mentioned above (representative, combined proceedings, and the addressing class) must be detached from the arbitration proceeding and brought to a court instead. If any other clause of messaging terms is found to be unenforceable, the particular clause will be considered stricken, and the remaining clauses of the messaging terms will function completely.