Terms Of Service

Terms Of Services

By accessing or using the website located at https://nobltravel.com  (the ”Site”) provided by Nysonian, Inc. (d/b/a NOBL Travel) and our affiliates and subsidiaries (collectively, “NOBL”, also referenced as “us”, “our”, and “we”), you agree to be bound by the terms and conditions contained in these Terms of Use (“Terms”) and all other terms incorporated by reference. 

Please read these Terms carefully because they govern your use of our Site, which includes our online store for NOBL luggage, bags, travel accessories, and other products (“Products”). They contain vital information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. 

Arbitration and class action waiver: Except for certain types of disputes described in Section 11 “Dispute Resolution” below or as otherwise prohibited by applicable law, you agree to resolve any dispute between you and NOBL through binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Agreement to Terms.  

1.1 These Terms. By using the Site or purchasing Products, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site or purchase any Products. 

1.2 Automated Mobile Messaging Program. The Automated Mobile Messaging Program Terms included on Schedule A are incorporated herein by this reference.

2. Privacy Policy.  By using the Site, you also accept NOBL’s Privacy Policy (the “Privacy Policy”). Please refer to the Privacy Policy for information about how we collect, use, disclose, and otherwise process information about you and your use of our Site.  

3. Changes to Terms.  We may update these Terms at any time, in our sole discretion. Your continued use of the Site constitutes your acceptance of the updated Terms. If you do not agree to be bound by the updated Terms, do not use or access the Site. 

4. Your Account. 

4.1 Registration and Your Information. You will have to create an account (“Account”) if you want to use certain features of the Sites, such as register for certain giveaways or promotions that we may offer from time to time or post a review. You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an ”SNS Account”). 

4.2 Accuracy of Account Information. You must provide us with accurate, complete, and up-to-date information for your Account and keep your Account information updated. You must not:
(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a username a name that is otherwise offensive, vulgar or obscene. You may never use another person’s Account or registration information for the Site without permission. You should never publish, distribute, or post login information for your Account. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you know about them or have authorized them. 

5. Feedback.  We welcome feedback, comments, and suggestions for improvements to the Site and Products (“Feedback”). You can submit Feedback by emailing us at hello@nobltravel.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, sell, publicly display, distribute, and otherwise exploit the Feedback for any purpose. 

6. Purchase of Products.  

6.1 Purchases; Offer and Acceptance. You may purchase Products in our online store accessible on the Site. We attempt to provide accurate descriptions of Products. However, we do not warrant that the descriptions, including a Product’s accompanying photos or graphics, are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. NOBL may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

6.2 Payments. When you purchase a Product and make a payment via the Site (each such purchase, a ”Transaction”), you expressly authorize us (or our third-party payment processor, if applicable) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and related notifications (such information, ”Payment Information”). You represent and warrant that
(i) you are duly authorized and have the legal right to use all payment method(s) represented by any such Payment Information,
(ii) the Payment Information is true, correct, and complete, and
(iii) you have sufficient funds or credit available upon your initiation of a Transaction to ensure that the purchase price will be collectible by us. When you initiate a Transaction, you authorize us to provide your Payment Information to our third-party payment processor so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You should be aware that online Transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. 

6.3 Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site. The price charged for a Product will be the price in effect at the time the order is placed and will be set out on your personalized payment page and in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to taxes, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may also change prices for Products at any time without notice. 

6.4 Promotions. We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern. 

6.5 Credit. You may receive credit (“Credit”) from NOBL, for example, if you return a Product and elect to receive credit rather than a refund (but credit cannot be purchased). Credit can be applied to an order placed through your Account. Purchase amounts that exceed the value of the Credit will require an additional method of payment to cover the balance of the purchase price. You can check your Credit balance and applicable expiration dates by logging into your Account or by contacting hello@nobltravel.com. 

6.6 Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Applicable shipping rates will be displayed during the checkout process, and you will pay all displayed shipping and handling charges. Shipping restrictions apply. Title and risk of loss pass to you upon our transfer of the Products to one of our third-party shipping partners for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Additional shipping terms are available under our Shipping Policy

6.7 Returns. You may return Products that you purchase via the Site in accordance with our Return Policy, which is hereby incorporated by reference. 

6.8 Third Party Products. From time to time, we may offer for sale on the Site Products manufactured, distributed, created, produced, or otherwise provided to NOBL by third parties (“Third Party Products”). When you purchase a Third-Party Product through the Site, you do so at your own risk. NOBL has no control over, and assumes no responsibility or liability for, Third Party Products. 

6.9 Third Party Websites. The Site may contain links to third-party websites, services or other resources on the Internet that are not owned or controlled by NOBL (“Third-Party Websites”). The content of such Third-Party Websites is developed and provided by others. You should contact the site administrators for those Third-Party Websites if you have any concerns regarding such links or any content located on Third Party Websites. If you decide to access Third Party Websites, you do so at your own risk. NOBL has no control over, does not make any representations regarding, and assumes no responsibility for, the content, accuracy, privacy policies, materials, or practices of or opinions expressed in any Third-Party Websites. In addition, NOBL will not and cannot monitor, verify, censor, or edit the content of any Third-Party Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Websites. 

6.10 Warranty. The Products are covered by a limited warranty. For full details, please see the Limited Warranty Terms, which are hereby incorporated by reference. Third Party Products are not covered by NOBL’s limited warranty. 

6.11 Goods Not for Resale or Export. You represent and warrant that you are buying Products from the Site and using the Site for your own personal or household use only, and you will not resell, distribute, or export such Products for any commercial purposes. 

Offer Codes. From time to time, NOBL may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”). Please review the Offer Codes for eligibility and other terms and conditions, which may include expiration dates, Product exclusions, or other restrictions. Only valid Offer Codes provided by NOBL will be honored by NOBL. Each Offer Code offered by NOBL
(i) is non-transferable,
(ii) cannot be combined with other promotions, discounts, or offers, and
(iii) cannot be redeemed for cash or any cash equivalent. Further, some Offer Codes may be valid for only a single purchase on the Site. Offer Codes cannot be used towards taxes or shipping charges, and other restrictions may also apply. NOBL is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. From time to time, NOBL may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by NOBL for his or her statements. 

8. Warranty Disclaimers.  Except as otherwise provided in the returns, the products are provided “as is” and “as available,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet 

9. Indemnity.  To the fullest extent permitted by applicable law, you will indemnify and hold harmless NOBL and its officers, shareholders, directors, members, managers, owners, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your 

(i) use of the Site or Products or (ii) your violation of these Terms. 

10. Limitation of Liability. Neither NOBL nor any other party involved in creating, producing, or delivering the site or products will be liable for any incidental, special, exemplary, or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services or content, whether (a) based on warranty, contract, tort (including negligence), or any other legal theory, (b) NOBL or any other party has been informed of the possibility of such damage, or (c) the damages were foreseeable, even if a limited remedy set forth herein is found to have failed of its essential purpose. The exclusions and limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between NOBL and you. In no event shall the aggregate liability of NOBL related to your purchase or use of the products exceed the amount you actually paid for the product.

11. Dispute Resolution. 

Please read this Section 11 carefully. These provisions require you to arbitrate certain disputes and claims and limit the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

11.1 Mandatory Arbitration of Disputes.  Except for Excluded Disputes, as defined below, you and we agree that any dispute, claim or controversy between us, including but not limited to disputes, claims, or controversies arising out of or relating to these Terms and this Section 11 (including the formation, breach, termination, enforcement, interpretation, scope, applicability, or validity thereof), the Products, the Services, or the Content (collectively, “Disputes”), whether such Dispute arose before, on, or subsequent to you entering these Terms, shall be exclusively and finally resolved by binding, individual arbitration in accordance with this Section 11, and not in a class, representative, or consolidated action or proceeding (except for the Mass Filing Procedures as set forth below). To the extent allowed by law, the arbitrator, and not any Federal, State, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Section 11, including any Dispute that all or any part of this Section 11 is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred. If any court or arbitrator determines that this Section 11 is void or unenforceable for any reason as to Disputes arising before the date of posting of these Terms, then you may still be bound to previous versions of this Section 11 by reason of your separate agreement to those previous versions.  If you or NOBL files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Section 11, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Section 11, and request that the complaint be withdrawn. 

11.2 Class Action/Jury Waiver. You and NOBL agree that, to the fullest extent permitted by law, each party is waiving their respective rights to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and NOBL may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and NOBL may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and NOBL may participate in a class-wide settlement. 

11.3 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures.  Prior to filing an arbitration, each party will notify the other party in writing of any Disputes (other than an Excluded Dispute in which a party is seeking an injunction or other equitable relief for intellectual property infringement) not less than thirty (30) days from the date they arise, so you and we can attempt in good faith to resolve the Dispute informally. Notice to NOBL shall be sent by e-mail addressed to hello@nobltravel.com. If you and us cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by either of us, then either you or we may, as appropriate and in accordance with these Terms, commence binding arbitration or, for Excluded Disputes, submit a claim in court. 

11.4 Exceptions.  As limited exceptions to Section 11.1 above: (i) you and NOBL may elect to resolve a Dispute in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction; and (ii) you and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the actual or threatened infringement or misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (“Excluded Disputes”). You retain all rights which may not be waived or restricted, pursuant to applicable law. 

11.5 Conducting Arbitration and Arbitration Rules.  If we cannot resolve the Dispute through the informal dispute resolution procedures above, you and NOBL each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator. All Disputes shall be submitted to JAMS. The arbitration shall be administered by JAMS under its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules, as applicable (the “JAMS Rules”) then in effect, except as modified by these Terms. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. It is the intent of the parties that the JAMS Rules shall preempt all otherwise applicable laws except as otherwise prohibited by law. The laws of the Province of Ontario, Canada, shall govern. 

11.6 Mass Filing Procedures. If JAMS determines that 25 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, JAMS’s mass arbitration and mediation fee schedule shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) JAMS shall administer the arbitration demands in batches of at least 25 demands for arbitration of a similar nature, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; (ii) JAMS shall provide for concurrent resolution of each batch as a single consolidated arbitration; and (iii) following such determination of a mass filing, JAMS shall apply a single set of administrative fees per batch in accordance with JAMS’s mass arbitration fee schedule. All parties agree that arbitrations are of a “similar nature” for purposes of these “Mass Filing Procedures” if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. NOBL reserves all rights and defenses as to each and any Dispute, demand for arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind. 

11.7 Authority of Arbitrator. Except as may be limited by applicable law, these Terms, or the applicable JAMS Rules, the arbitrator will have the exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including awards of attorneys’ fees and costs, in accordance with applicable law. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual (except for the Mass Filing Procedures). 

11.8 Confidentiality. The arbitrator, NOBL, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. 

11.9 Non-Arbitral Disputes Governing Law & Mandatory Forum Selection. If (i) any Dispute is determined not to be subject to arbitration or resolution; or (ii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Arbitration Clause or Class Action/Jury Trial Waiver, as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above; then you and NOBL each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the Federal or Provincial courts of competent jurisdiction in the Province of Ontario, Canada, and any such Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the Province of Ontario, Canada

12. Miscellaneous. 

12.1 Waiver. NOBL’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NOBL, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

12.2  Invalidity. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. 

12.3 Entire Agreement. Except as expressly agreed by NOBL and you, these Terms, including any terms and conditions incorporated by reference herein, constitute the entire agreement between us with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements, whether oral or written between NOBL and you with respect to the subject matter. 

12.4 Contact Information. If you have any questions about these Terms, the Products, or the Services, please contact NOBL at help@nobltravel.com. 

SCHEDULE A 

AUTOMATED MOBILE MESSAGING PROGRAM TERMS 

NOBL is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Automated Mobile Messaging Terms. 

1. Program Description. 

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders. 

2. User Opt-In. 

a. Consent to Receive Recurring Automated Messages.  You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from NOBL, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an auto-dialer, 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. 

b. No Time-of-Day Restrictions.  While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer’s real-time location data from being shared with us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims. 

c. Consent to Receipt of Electronic Information and E-Sign.  Not with standing anything herein to the contrary, you understand that applicable law may require us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to our messaging program, you authorize us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at hello@nobltravel.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage. 

d. Disclosure of Data to Identify Device and Prevent Fraud.  Further, you authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, NOBL or our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud.

3. 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, REVOKE, OPT OUT, 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. To the maximum extent permitted by law, you understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that NOBL and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods 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, may not be deemed to be reasonable methods of opting out.

4. AI-Generated Message Content. 

You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to us. By enrolling and remaining in the program, you agree to the use of AI and further that our use of these AI services does not make those third-parties either senders or initiators of the text messages or otherwise responsible for the messages. 

5. Message Frequency, Cost and Changes. 

Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which our messages are sent. 

6. Support Instructions. 

For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@nobltravel.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. 

7. MMS Disclosure. 

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. 

8. State Telemarketing Law - Residence. 

To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an area code associated with that state. Further, you agree that you will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. Insofar as you are a resident of a state with an applicable telemarketing law, you further agree that any mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of these state laws, to the extent the law is otherwise relevant and applicable.