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terms of use & privacy policy

Terms of Service & Privacy Policy

CONSUMER OPT-IN

Mobile High 5 – The Program allows users to receive standard rate SMS/MMS mobile alerts (recurring message frequency may vary based on the campaign you’ve opted into – message & data rates may apply) that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through confirming your opt-in by replying to an opt-in confirmation message or entering your phone number on a digital kiosk or web form.

The mobile messaging service used by Company to communicate with you is TCPA-compliant and requires human intervention for Company’s mobile messages to be initiated, and does NOT have the capacity to randomly or sequentially generate telephone numbers. Thus, Company’s mobile messages are NOT sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.

For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the SHORT CODE, 10 Digit Long Code Phone Number (10 DLC) or 800# listed.

You will not receive any unsolicited messages from our short codes, 10 DLC or 800 numbers. 

To receive information about the service from your cellular phone you can send HELP to the SHORT CODE, 10 DLC or 800 # or email [email protected], or call 484-325-5725

CONSUMER OPT-OUT

To Opt-Out (discontinue service), text “STOP” to the Short Code, 10 DLC or 800 # from your mobile device. You will not receive any additional messages other than a message to confirm you’ve opted out. You may also Opt-out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to any text message you receive.

HELP

To get help, you may send or reply ‘HELP’ to the Short Code, 10 DLC or 800# you received the message from.

Email: [email protected]

Phone: 484-325-5725

Message and data rates may also apply according to your specific cellular plan or prepaid conditions.

CONSUMER PRIVACY

We will not share or use your mobile number for any other purpose.

CONSUMER FEES

Our service never charges consumers to ‘receive’ or ‘reply to’ text messages. However, depending on your mobile service plan, message & dates rates may apply.

SUPPORTED CARRIERS - US

Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile

SUPPORTED CARRIERS - CANADA

Aliant Mobility, Bell Mobility, Fido, Mobilicity, Public Mobile, Rogers Wireless, Sasktel Mobility, Telebec Mobilite, Telus Mobility, Videotron, Virgin Mobile Canada, Wind Mobile

DISALLOWED CONTENT

The following content categories are considered deceitful and nuisance campaigns which may result in high volumes of SPAM complaints on the carrier networks. Due to these issues, we do NOT support any campaign under the following categories, regardless of any prior approval.

High-Risk Financial

  • Payday Loans
  • Non-Direct Lenders
  • Debt Collection

Debt Forgiveness

  • Debt Consolidation
  • Debt Reduction
  • Credit Repair Programs

Illegal Substances

  • Cannabis
  • Illegal Prescriptions

Work & Investment Opportunities

  • Work from Home Programs
  • Job Alerts from 3rd party Recruiting Firms
  • Risk Investment Opportunities

Other

  • Gambling
  • Any other illegal content
  • Lead generation indicating the sharing of collected information with third parties
  • Campaign types not in compliance iwth the recommensations or prohibited by the CTIA Short Code Monitoring Handbook, Version 1.7 or later.
  • Campaign types not in compliance with the recommendations of or prohibited by the CTIA Messaging Principles and Best Practices – 2019 version

* The wireless carriers are not liable for delayed or undelivered messages

WARRANTY

Mobile High 5 will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

PRIVACY POLICY

Mobile High 5 respects your privacy. We will only use information you provide as it relates to messages you receive from us. We will not sell your personal information or share it with any 3rd parties. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use or false contact emails, phone numbers, company names or business web addresses. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

You may cancel your software subscription pursuant to the terms of your engagement agreement, just be sure to cancel before your plan renews – we cannot provide partial-month refunds. Requests for cancellations are subject to the contractual agreement, including the prompt return of any equipment provided. Past due amounts are subject to interest in the amount of 18% annually or the maximum allowed and are subject to late fees, and fees related to collection, including legal fees until balance is paid in full. If you believe you have been billed the wrong amount, please contact us at: 484-325-5725

 

  • Address: Corporate Headquarters Mobile High 5 Malvern, PA 19355
  • Tel: 484-325-5725
  • Email:[email protected]
  • Website: https://mobilehigh5.com

ADDITIONAL TERMS OF SERVICE:

By opting in and choosing to engage in any one of our mobile messaging campaigns you are agreeing to the following Terms of Service:

 

* IF WE DETERMINE THAT YOU ARE ABUSING THE SYSTEM, WE RESERVE THE SOLE RIGHT TO BLOCK YOU FROM RECEIVING MESSAGES AND PARTICIPATING IN MOBILE CAMPAIGNS * 

 

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Mobile High 5, or between you and any third-party acting on behalf of Mobile High 5 in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Mobile High 5’s Privacy Policy, 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 determined by arbitration in Chester County, PA or Los Angeles, CA before one arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of California, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

 

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby. 

 

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

COPYRIGHT RIGHTS

Content contained and presented on all Mobile High 5 Websites and other online, electronic versions is protected by copyright. Copyright 2016 -2022 Mobile High 5, High 5 Loyalty and its affiliated companies, assigns and licensors. All rights reserved. No claim to copyright is made for original U. S. Government works.

 

Materials and information contained on the Mobile High 5 website, mobilehigh5.com, all mobile high 5 websites, the mobilehigh5.com/blog and other digital representations are protected by U.S. and International copyright laws. You are prohibited from copying, reproducing, modifying, distributing, displaying, or transmitting any of the contents for any purpose without prior express written consent. Any reproduction or illegal distribution of the content in any form will result in immediate action against the person concerned. Systematic retrieval of data or other content to compile or create a collection of information, directly or indirectly, is prohibited for any purpose, without prior express written consent.

 

© Mobile High 5 2016 – 2022. All Rights Reserved.