Terms of service

CEREFLOW SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)

IMPORTANT! PLEASE READ THESE CEREFLOW SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY CEREFLOW INC. (“Cereflow” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF CEREFLOW’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE CEREFLOW INC. SMS TERMS AND CONDITIONS. FURTHERMORE, THESE CEREFLOW INC. SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH CEREFLOW ARE RESOLVED.

By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Cereflow and others texting on its behalf, at the telephone number(s) that you provide. You may opt out of these communications at any time. Consent to receive text messages is not a condition of any purchase.

Program Description

Cereflow text messages are intended to provide you with marketing and promotional information regarding Cereflow products and services (e.g., events and promotions offered by Cereflow or any of its authorized dealers). We may also provide transaction-related information.

Message Frequency

The number of Cereflow text messages that you receive will vary depending on which Cereflow text messaging programs you sign up for and the frequency of messages sent by those programs.

Cost

Message and data rates may apply to each text message sent or received in connection with Cereflow text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Cereflow does not impose a separate fee for sending Cereflow text messages; however, you are responsible for any fees imposed by your mobile carrier.

How to Opt-In

To opt in to receive text messages from a Cereflow text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or YES).

How to Opt-Out

To stop receiving text messages from a specific Cereflow text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from Cereflow confirming your opt-out of that text messaging program.

Following such confirmation message, no additional text messages associated with that program will be sent to you unless you reactivate your subscription. This will only opt you out of the specific text messaging program associated with that short code. You will remain opted in to other Cereflow text messaging programs.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Cereflow immediately if you change your mobile telephone number. You may notify Cereflow of a number change by contacting Cereflow Customer Care at 1-888-228-1460.

You agree to indemnify Cereflow in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Cereflow if you change your telephone number, including but not limited to claims arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services are outside of Cereflow’s control, and Cereflow is not responsible for issues arising from such network services, including delayed or undelivered messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.

Carriers are not liable for delayed or undelivered messages.

T-Mobile® is not liable for delayed or undelivered messages.

Support / Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions. You may also receive help by contacting Cereflow Customer Care at 1-888-228-1460.

Eligibility

To receive Cereflow text messages, you must be a resident of the United States and 18 years of age or older. Cereflow reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Cereflow may revise, modify, or amend these Cereflow Inc. SMS Terms and Conditions at any time. Any revision, modification, or amendment shall take effect when it is posted to Cereflow’s website. Your continued consent to receive Cereflow text messages indicates your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Cereflow text messages if we believe you are in breach of these Terms and Conditions. Your receipt of Cereflow text messages is also subject to termination if your mobile telephone service terminates or lapses. Cereflow reserves the right to modify or discontinue all or any part of Cereflow text messages at any time, with or without notice.

Privacy

Your privacy is important to us.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your receipt or use of Cereflow text messages will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, claims, or causes of action between you and Cereflow or Cereflow's employees, agents, successors, or assigns shall exclusively be settled through binding and confidential arbitration, except that you or Cereflow may take claims to small claims court if the dispute qualifies for hearing by such court.