CloudNexx Text Message Terms and Conditions

CLOUDNEXX TEXT MESSAGE TERMS AND CONDITIONS

BY OPTING IN (AS DEFINED BELOW) TO RECEIVE TEXT MESSAGES FROM CLOUDNEXX, LLC. (“CLOUDNEXX”), YOU ACCEPT THESE TEXT MESSAGE TERMS & CONDITIONS (“TERMS”) AND AGREE TO RESOLVE DISPUTES WITH CLOUDNEXX THROUGH BINDING ARBITRATION (AND WITH LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN SECTION 4 (DISPUTES) BELOW.

These Terms apply to text messages between you and CloudNexx; they do not apply to any communications between you and any CloudNexx customers using the CloudNexx services.

1. OPTING IN

By signing up for or otherwise consenting to receive text messages from CloudNexx (“opt-in”):

You authorize CloudNexx to use autodialer or non-autodialer technology to send marketing and other text messages to the phone number associated with your opt-in.
You acknowledge your consent to receive text messages from CloudNexx is not a condition of purchase.
You agree you are signing your opt-in.
You confirm you are the subscriber to the phone number associated with your opt-in.

Generally, CloudNexx’s text message marketing campaigns will not exceed 10 messages per month. However, the number of text messages and frequency with which you receive text messages from CloudNexx may vary. Message and data rates may apply.

2. OPTING OUT

You may opt out of receiving text messages from CloudNexx at any time. To stop receiving marketing text messages from CloudNexx, text “REMOVE” in response to any CloudNexx marketing text message you receive. If you unsubscribe and wish to resubscribe, reply “JOIN”.

To stop receiving all text messages from CloudNexx, including transactional messages, text “STOP”. If you wish to resubscribe, reply “START”.

3. PRIVACY

Data obtained from you in connection with text messages between you and CloudNexx includes:

Your mobile phone number
Your carrier
The date, time, and content of your messages
Other information you provide via text message

You consent to the processing of this data in accordance with our Privacy Policy.

4. DISPUTES

4.1 Generally

All disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit and uses a neutral arbitrator instead of a judge or jury. YOU AND CLOUDNEXX WAIVE THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.

4.2 Exceptions

Despite the provisions of Section 4.1, you may:

Bring an individual action in small claims court.
Pursue enforcement through applicable federal, state, or local agencies.
Seek injunctive relief in a court of law.
File suit in a court to address an intellectual property infringement claim.

4.3 Opt-Out

If you do not wish to resolve disputes by arbitration, you may opt out within 30 days by sending a letter or email with your full name, phone number, and a request to opt out of arbitration to:

CloudNexx, LLC.
Attention: Legal Department – Arbitration Opt-Out
2001 State Hwy 248, Ste 8, Branson, MO 65616
Email: [email protected]

4.4 No Class Actions

You and CloudNexx agree that claims can only be brought individually and not as part of a class action.

4.5 Enforceability

If this arbitration agreement is found to be unenforceable, disputes will be resolved in the courts of Springfield, MO, or the United States District Court for the District of Missouri.