Purpose
The purpose of this Privacy Policy (“Privacy Policy” or “Privacy Notice”) is to summarize the ways in which Connectify Technology Solutions, LLC, our affiliates, and all of our brand names and branded services (collectively “Connectify”, “we”, “our”, “us”), collect, maintain, and use the personal information of users of this website (“Site”), who contact our customer service representatives, fill out online order forms or information request sheets, download and use browser extensions or applications created by us, and provide information to our sales agents (“user”, “you”, “your”). Please feel free to contact us by email at privacy@connectifytechnologysolutions.com or by mail at Connectify Technology Solutions, LLC 43776 Clemens Terrace Ashburn, VA 20147 with any questions or concerns about this Privacy Notice or the information we gather about you.
How We Collect Your Information
We gather information about you when you interact with our services, including when you use our websites, contact our customer service representatives, fill out online order forms or information request sheets, download and use browser extensions or applications created by us, and provide your information to our sales agents (collectively, “Customer Information”). We also use cookies, pixel tags, and similar technologies to track your usage of our websites. We also use online order forms and information request sheets to obtain information from you that is necessary to process your orders and provide you with requested information. When you call the numbers on our websites and speak with our customer service representatives, we collect information provided during calls to ensure the best quality of service and the correct processing of your orders.
Customer Information from other sources: We may also collect Customer Information about you from other sources, including from third parties to the extent permitted by applicable law. In particular, this includes data from data providers (e.g., demographic, email addresses, online advertising related data, etc.). We may combine or connect Customer Information we collect from you with data from these other sources.
Customer Information we gather about you may contain personally identifiable information. For an explanation of how we use Customer Information, including personally identifiable information, please see the section below titled “How We Use Customer Information.”
Information We Collect
Below is a list of the types of Customer Information that we may collect as you interact with our services:
Cookies
This explains how we use cookies on this website. We recommend that you read our cookies statement so that you are aware of how we use them globally and can take steps to reject or delete the cookies if you do not agree to them being used. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the Site and third-party partners. You can set your browser not to accept cookies, however, in a few cases some of our website features may not function as a result.
We use cookies to enable you to navigate between pages, recognize and gather information about you, and to generally improve your user experience. We also use cookies to analyze how users interact with this Website, to enable you to share content using social media and to provide you with embedded content from third parties. We also sometimes use cookie type technologies in emails to identify how users come to this Website so that we can evaluate and measure the effectiveness of our email marketing.
We may combine information collected via cookies with information such as your IP address, the type of browser, device, and operating system, for example, to provide statistical information about visitors to the Website. Where this Website uses third-party cookies, you should check with the relevant third party to see how they use cookies.
You can find out more about cookies at http://www.allaboutcookies.org. The user instructions for your browser or device will explain how you can control the use of cookies on Your device.
Cookies We Use
We use the following cookies on this Website:
Categories of Cookies We Use
The cookies We use fall into the following categories:
Third-Party Cookies. In addition to the cookies listed above, we also use third-party cookies for performance and functional purposes, to provide additional functionality and to make it easier for you to share content on this Website. These are cookies that are set by a third party when you access this Website and are controlled by that third party.
Accepting and Rejecting Cookies
Where legally permissible, your continued use of a website after being presented with a cookie banner containing an opt-out link will be considered consent to the use of cookies. If legally required, you will be provided with a clear message about what cookies are used and their purpose. Where required by law, we provide you with the ability to opt out of certain categories of cookies, including cookies used for targeted advertising. You can manage the use of cookies on this Site by clicking on "Your Privacy Choices" in the footer and following the instructions that are presented to you.
Apps, Browser Extensions and Other Platforms
Our Site contains links to other sites, applications, platforms, and services that may be operated in part by third parties whose privacy policies we don't control and may differ significantly from this one. For instance, information used or collected in a browser extension we created may be collected, used, and shared in the regular operation of the browser service itself in ways that we would not. Connectify is not responsible for the content or privacy practices of any third-party services. We recommend that you read and familiarize yourself with the privacy policies of any site or service you access.
To the extent a browser extension or app we create collects and uses Customer Information and any other information, it is collected and used solely to the extent necessary to operate the extension or app. We likewise do not sell any Customer Information collected. The use of any Customer Information collected in a browser extension or app is detailed in “Use and sharing of Customer Information” below.
If you desire to limit the data collection capability or the level of access to information by any browser extension or app operated by us, you may uninstall and remove the app from your device or uninstall and remove the extension from your browser. If you wish to generally opt-out of data collection or data processing by us, you may submit a data subject access request by following the procedure outlined below in “Opt-out and Data Subject Access Request Procedures.”
Children Under the Age of 16
Our services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at by submitting an email request to privacy@connectifytechnologysolutions.com, by writing to Connectify Technology Solutions, LLC, Privacy Department, 43776 Clemens Terrace Ashburn VA 20147, or calling us at PHONE NO. We do not sell personal information of consumers we know are younger than 16 years old or that we are prohibited from selling under applicable law.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.
Security Measures
We have implemented a variety of encryption and security technologies and procedures to protect information stored in our computer systems from unauthorized access. We also maintain procedural safeguards that restrict access to Your Customer Information to employees (or people working on our behalf and under confidentiality agreements) who need to know Your Customer Information to provide the products and services that You request.
Additional PCI Requirement as a Service Provider.
We acknowledge to our customers that we are responsible for the security of cardholder data we possess or otherwise store, process, or transmit on behalf of the customer, or to the extent that we could impact the security of the customer’s cardholder data environment.
How We Use Customer Information
We use your Customer Information to process your orders and requests and to provide you with the products and services you desire. In addition, we use information that we collect about you or that you provide to us, including any Customer Information:
How We Share Customer Information
We may share your Customer Information with third parties to complete your purchases of products and services, for advertising purposes, to prevent fraud, to comply with the law, and other legally permitted purposes, as described below. The extent to which we use and share your Customer Information depends upon the nature of and purpose for which we use and share it. A summary of how we share your Customer Information with third parties is detailed in the list below. By using our services, you agree that we may transfer your Customer Information to third parties in order to fulfill the purposes for which you have provided your Customer Information.
Opt-out and Data Subject Access Request Procedures
You may opt out of the following communications from us and request access to or deletion of your data through the following methods:
Your California Privacy Rights
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Please note that we will not discriminate against you for exercising your rights under the CCPA. However, as noted below under “Right to Opt-Out” if you exercise your right to opt out, some of our services may not function for you, as the sharing of personal information may be critical to operation.
To exercise your right to know, your right to delete, or your right to opt-out of the selling or sharing of your personal information, please follow the instructions listed above in “Opt-out and Data Subject Access Request Procedures.”
Right to Know
California residents have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information (the “right to know”). Once we receive your request and verify your identity, we will disclose to you:
You have a right to obtain a copy of the specific pieces of personal information we collected about you (also called a data portability request). Once we receive your request and verify your identity, we will provide you a copy of your personal information that is responsive to your request.
Right to Delete
California residents have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity, we will review the request to see if an exception applies that allows us to retain some or all of your information. If an exception applies, we will provide you information about that exception.
We will delete or deidentify personal information not subject to one of the exceptions from our records and will direct our service providers to take similar action.
Right to Opt-Out
California residents have the right to opt out of the “sale” and “sharing” of their personal information, as those terms are defined under the CCPA. To exercise your right to opt out of the sale and sharing of your personal information follow the instructions listed above in the “Opt-out and Data Subject Access Request Procedures” section.
CCPA Notice to California Residents of Information We Collect, Use and Share
We collect information that identifies, relates to, describes, or is capable of being associated with, a particular individual (“CCPA personal information”). We have collected the following CCPA personal information using our services within the last 12 months:
We disclose (and have disclosed within the previous 12 months) CCPA personal information for a business purpose to the categories of third parties indicated in the following table:
U.S. States Privacy Notice
If you reside in certain states, including Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, Virginia (“States”), and are protected by privacy laws in those jurisdictions, this U.S. States Privacy Notice (“Privacy Notice”) supplements the Privacy Policy and applies to your use of this website and all Connectify applications, services, products, and tools (collectively the “services”) provided by Connectify Technology Solutions, LLC. If you reside in California, please see Your California Privacy Rights section of the Privacy Policy, above, for more information to disclosures and practices under the California Privacy Protection Act.
Any terms not defined in this section have the same meaning as defined under applicable States privacy law, including the Colorado Privacy Act, Connecticut Data Privacy Act, Montana Consumer Data Privacy Act, Oregon Consumer Privacy Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act, Virginia Consumer Data Protection Act, etc. Subject to certain exceptions, if you are an eligible resident of one of the States, you have certain privacy rights which may include, depending on your state of residency:
Categories of Personal Data Processed
To understand the categories of personal data that we collect and process about States consumers, please review the Section in this Privacy Policy entitled Information We Collect, above.
Purposes for Processing Personal Data
To understand the purposes for which we collect or process personal data, please review the Section in this Privacy Policy entitled How We Use Customer Information, above.
Personal Data Shared with Third Parties
To understand the third parties with whom we may share each of these categories of personal data, and the reason your personal data is shared, please review the Section in this Privacy Policy entitled How We Share Customer Information, above.
We might share personal information for targeted advertising, including identifiers, internet or other electronic network activity, and certain inferences, with third parties such as advertising networks, as explained above in this Privacy Policy.
Your Privacy Rights
Depending on where you live, you may be able to assert certain rights related to your personal data. We may deny certain requests where permitted or required by applicable law, including where granting the request would have a negative impact on another's privacy; to protect our rights and properties; where the request is excessive or overly burdensome; or where we suspect fraudulent activity. If we deny your request, we will explain the reasons in our response.
For Connectify to fulfill your request, you must provide sufficient information for us to reasonably verify that you are the consumer from whom we collected the personal data. The information you send us to verify your identity will be used for this purpose only.
Subject to certain exceptions, you may be entitled to exercise the following rights:
How to Exercise Your Rights
Disclosure of Right to Opt-out Under Nevada Law. Nevada residents, please know we do not currently sell data triggering that statute's opt-out requirements (which require the exchange of covered information for monetary consideration).
International Users
Residents of the EEA or Switzerland are entitled to specific rights under Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union 27 April 2016 (the “General Data Protection Regulation” or “GDPR”). These rights include rights to:
If you have any questions about the information we have about you, desire access to your information that we have on file, believe information we have about you is inaccurate or incomplete, or wish to exercise any of your rights regarding your information please follow the instructions for submitting a Data Subject Access Request located in “Opt-out and Data Subject Access Request Procedures.“
Please be aware that the information we collect through our Services may be transferred to and stored on servers in North America. By using the Site’s services, you acknowledge and consent to the transfer and processing of your personal information in the United States as described in this Privacy Notice. Please be aware that the data protection laws and regulations applicable to your personal information transferred to the United States may be different from the laws in your country of residence.
Changes to This Privacy Notice
We will update this Privacy Notice from time to time to reflect changes in our business. Where required by applicable law, we will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes in this Privacy Notice, on our websites or by other means, consistent with applicable law.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER. Please read this carefully. It affects your rights. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF CONNECTIFY’S SERVICES. WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN COURT.
1. Purpose
These Terms and Conditions (the “Terms and Conditions” or “Terms”), together with our Privacy Policy, state the terms under which You (“You”, “you”, “your”, “user”) may use this website (the “Site”) and by which Connectify Technology Solutions, LLC, our affiliates, and all of our brand names and branded services (collectively “Connectify”, “we”, “our”, “us”) provide our services (“Services” or “services”) to You (collectively, the “Agreement”). Please read this page carefully. By using this Site, our Services, and consenting, where required by law, to receive mobile marketing texts and calls, You agree to be bound by all the Terms set forth herein. If You do not accept these Terms and Conditions, please do not use this Site or the Services.
2. Copyright
The contents of this Site, such as text, graphics, images, and other content (the “Site Material”) are protected by copyright under United States law. These Terms and Conditions do not grant You any license whatsoever to the Site Material. We authorize You to view and download a single copy of the Site Material for Your non-commercial personal use. Unauthorized use of the Site Material violates copyright and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other site or in a networked environment is prohibited. We retain all intellectual property rights in the Site Material.
3. Trademark
The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to Connectify. Your use of these marks, except as provided in these Terms and Conditions, is strictly prohibited. From time to time, We make fair use in this Site of trademarks owned and used by third parties. We make no claim to ownership of those marks.
4. User Submissions
We welcome Your reviews and comments. However, You acknowledge that if You send Us any reviews, comments, suggestions, ideas, notes, concepts or other information, (collectively, the “Information”), You grant Us the irrevocable, perpetual right to use, alter, publish or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, We disclaim all liability for reviews and comments posted by users on the Site. As a user of this Site, You are responsible for Your own communications. Therefore, do not do any of the following things:
We reserve the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of Your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession. The customer reviews You see on this Site are the result of direct feedback from former or current home services customers. We do not pay customers for reviews. If they participate, reviewers may have the opportunity to enter various contests to be randomly selected as a winner. We do not reward reviewers based on whether their written analysis is positive or negative. Rather, We publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. We are not responsible for any of the reviews or comments posted on this Site. We do not share the opinions, views, or commentary of any testimonials on this Site, which are strictly the views of the reviewer.
5. Product and Service Rankings
The Site offers a forum, which includes a product and service ranking (“Rankings”), where You may access recommendations of products and services by the Site. The information in our Rankings is provided strictly as a source of information for You and is provided merely as a convenience. It represents our opinion and analysis based on subjective/ objective criteria. It is recommended that You do Your own research and investigation before engaging services with any company regardless of their listing. You agree to not hold Connectify, its members, managers, officers, directors, employees, or affiliates (collectively “Partners”) liable for any statements, representations, errors or omissions, descriptions, comments, or opinions posted on the Site. By developing and posting such Rankings, We make no representation or warranties as to the accuracy or factual basis of the Rankings. In compliance with federal law, all price quotes displayed on the Rankings are updated on at least a weekly basis. However, our evaluation process is a continued development; We may experiment with new processes for our evaluations and add or remove specific elements at any time. Connectify is a private company and is not affiliated with any government or non-profit organizations. We receive compensation from several of the companies which it ranks. Advice, graphics, information, and images contained on this Site are presented for general educational and informational purposes. They are not intended to be legal or other expert advice, recommendations, or services. The information contained on this Site should not be considered exhaustive and should not be used in place of consultation with qualified professionals to meet Your individual needs. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information provided on this Site. While the information and recommendations contained on this Site have been compiled from sources believed to be reliable, Connectify makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency, or completeness of any such information or recommendations. We have no control over and do not warrant in any way that prices, taxes, products or descriptions provided by sellers, service providers, or other third parties, or any other content on this Site is accurate, complete, reliable, current, or error-free. We do not have any responsibility for, or liability related to, any products and services listed on this Site. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. We are not responsible or liable for any decisions or actions You take or authorize third parties to take on Your behalf based on information You receive as a user of the Site. Any information on the Site can change without notice.
6. Limitation of Liability
CONNECTIFY DOES NOT WARRANT THAT THE SITE, THE SITE MATERIAL, OR THE SERVICES WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE, THE SITE MATERIAL, OR THE SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CONNECTIFY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS SITE, THE SITE MATERIAL, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CONNECTIFY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
7. Disclaimer of Consequential Damages
IN NO EVENT SHALL CONNECTIFY, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE OR THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL, ADVICE, GUIDANCE, OR SERVICES ON THIS SITE (OR SITES LINKED TO THIS SITE) AND THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Links
This Site and the Services contain links to sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by this Site of the contents on those other sites. We are not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site or the Services. You do so at Your own risk. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for Us to earn fees by linking to Amazon.com and affiliated sites.
9. Indemnity
By using this Site or the Services You agree to defend, indemnify, and hold harmless Connectify and its Partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from Your use of the site, the Site Material, and the Services, or Your breach of these Terms and Conditions. We reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
10. SEVERABILITY
ANY PROVISION OF THIS AGREEMENT THAT IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINING PROVISIONS HEREOF, AND ANY SUCH PROHIBITION OR UNENFORCEABILITY IN ANY JURISDICTION SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE SUCH PROVISION IN ANY OTHER JURISDICTION.
11. TELEMARKETING AND EMAIL CONSENT
BY USING THIS SITE OR THE SERVICES OR PROVIDING YOUR CONTACT EMAIL OR TELEPHONE NUMBER TO US, YOU AND ANY OTHER SUBSCRIBER OR USER OF THESE PHONE NUMBER(S) AND EMAIL(S) PROVIDE YOUR PRIOR CONSENT TO RECEIVE MARKETING EMAILS, PHONE CALLS, AND/OR SMS MESSAGES VIA AUTOMATED TECHNOLOGY, AND/OR PRE-RECORDED AND ARTIFICIAL VOICE MESSAGES FROM CONNECTIFY, ITS AFFILIATES, AND ITS BRAND NAMES AND BRANDED SERVICES AT THE NUMBER(S) AND EMAIL ADDRESSES PROVIDED, REGARDLESS OF WHETHER YOUR NUMBER IS LISTED ON ANY FEDERAL OR STATE DO NOT CALL (DNC) REGISTRY. YOUR CONSENT IS NOT REQUIRED AS A CONDITION OF PURCHASE. YOU MAY REVOKE YOUR CONSENT AT ANY TIME BY FOLLOWING THE OPT-OUT INSTRUCTIONS IN OUR MESSAGES OR BY CONTACTING US DIRECTLY. WE WILL MAINTAIN INTERNAL DNC LISTS AND COMPLY WITH ALL APPLICABLE FEDERAL AND STATE TCPA AND DNC REGULATIONS. YOU ALSO AGREE TO THESE TERMS AND CONDITIONS AND THE SITES PRIVACY POLICY.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), are governed by the substantive laws of the State of Utah, without respect to its conflict of laws principles. The exclusive venue for any dispute in connection with this Agreement shall be the state or federal courts located in Salt Lake City, Utah. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
13. ENTIRE AGREEMENT
Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and Us with respect to Your use of this Site. These Terms and Conditions supersede any other agreement You may have with Us regarding this subject matter
14. CHANGE TO THE TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to modify these Terms and Conditions, including but not limited to our Mobile Marketing Terms, at any time with or without further notice. To the fullest extent permitted under applicable law, your continued use of the Site or the Service, or by not revoking your consent to receive marketing text or calls, after modification constitutes your acceptance of these Terms as modified. We will provide notice to you if these changes are material only if required by applicable law. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our websites, or by other means, consistent with applicable law.
15. BINDING ARBITRATION, CLASS ACTION WAIVER
IMPORTANT! TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not allow for class arbitrations even if the procedures or rules of the AAA would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. Further, and unless you and we agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claim and may not otherwise preside over any form of a representative or collective proceeding.
You and we are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Connectify, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Notwithstanding Section 10 (Severability) if any term of this section 15 is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
16. MOBILE MARKETING TERMS
ANY DISPUTE ARISING UNDER THESE MOBILE MARKETING TERMS ARE SUBJECT TO THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 ABOVE.
16.1 Subscribing to Receive Marketing Texts and Calls
You may opt-in to receive mobile marketing texts and calls from Connectify, our affiliates, and all our brand names and branded services by providing your prior express written consent via a text message or an online form. You may view a complete list of Connectify affiliates and associated brands at www.connectifytechnologysolutions.com
16.2 Prior Express Written Consent
By consenting to receive mobile marketing texts and calls, You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages and calls to your mobile phone from Connectify, its affiliates, and associated brands, including text messages or calls to your mobile phone that may be sent using an automatic telephone dialing system, to the mobile phone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
16.3 Message Frequency
Message frequency will vary. Connectify reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Connectify also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
16.4 Number Deactivation or Reassignment
By consenting to receive mobile marketing texts and calls, you represent that you are the owner or authorized user of the mobile phone number you provided when signing up to receive mobile marketing. You must notify Connectify if you deactivate your mobile phone number or reassign that number to another user. Notification may be sent via email privacy@connectifytechnologysolutions.com or by calling 571-274-8118.
16.5 STOP—Revocation of Consent
You may revoke your consent to receive mobile marketing texts and calls at any time by texting STOP to 571-274-8118. This is your exclusive means of revoking consent. If you unsubscribe from one of our mobile marketing programs, you may continue to receive texts or calls from Connectify through any other programs you have joined until you separately unsubscribe from those programs. If you revoke your consent to receive mobile marketing texts and calls, we will still be permitted to send or make mobile marketing texts or calls that are permitted by law, including transactional and informational messages. Revoking your consent to receive mobile marketing texts and calls does not constitute an opt out from any other means of communications.
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