Mobile Message Service Terms and Conditions

Last updated: November 18, 2024

Overview

Loop offers a mobile messaging program (the “Program”), which you agree to use and participate in according to these Mobile Messaging Terms and Conditions and Privacy Policy. By opting in or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as outlined in the “Dispute Resolution” section. These terms Are limited to the Program and is not intended to modify other terms and conditions, including but not limited to the Terms of Service, Website Terms of Use and the Privacy Policy.

SECTION 1 - USER OPT-IN

The Program enables users to receive SMS/MMS mobile messages by actively opting into the Program, such as through online or application-based enrollment forms. Regardless of how you opt into the Program, you agree that these Mobile Messaging Terms and Conditions govern your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number you provided. However, you understand that consent is not a condition of purchasing any products or services from Loop.

While you consent to receive messages sent using an auto dialer, this does not imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto dialer”). Message and data rates may apply, and message frequency may vary.

SECTION 2 - USER OPT-OUT

If you wish to stop participating in the Program or no longer agree to these Mobile Messaging Terms and Conditions, you can opt out by replying ‘STOP’, ‘END’, ‘CANCEL’, ‘UNSUBSCRIBE’, or ‘QUIT’ to any mobile message from us. You may receive an confirmation message acknowledging your opt-out request. You understand and agree that these are the only valid and reasonable methods for opting out of the Program.

You understand and agree that our text messaging platform may not recognize or respond to opt-out requests that alter, change, or modify the keywords ‘STOP’, ‘END’, ‘CANCEL’, ‘UNSUBSCRIBE’ or ‘QUIT’, such as different spellings or additional words. Loop and its service providers are not liable for failing to process requests that do not follow these instructions. Additionally, you acknowledge that any other methods of opting out, such as texting other words or verbally requesting removal, are not valid means of opting out.

SECTION 3 - PROGRAM DESCRIPTION

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages related to the marketing, promotion, payment, delivery, and sale of earplugs and accessories. Messages may also include checkout reminders and other relevant notifications.

SECTION 4 - COST AND FREQUENCY

Message and data rates may apply. You agree to receive messages periodically at our discretion, with varying frequency on a daily, weekly, or monthly basis. The Program includes recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

SECTION 5 - SUPPORT INSTRUCTIONS

For support related to the Program, text ‘HELP’ to the number you received messages from, or email us at hello@loopearplugs.com. Please note that the use of this email is not an acceptable method of opting out of the Program. Opt-outs must be submitted according to the the procedures outlined above.

SECTION 6 - MMS DISCLOSURE

If your mobile device does not support MMS messaging, the Program will send SMS TMs (terminating messages) instead.

SECTION 7 - OUR DISCLAIMER OF WARRANTY

The Program is provided on an "as-is" basis and may not be available in all areas or all times. It may be affected by product, software, coverage or other changes made by your wireless carrier. We are not responsible for any delays or failures in receiving mobile messages connected with this Program, as the delivery of mobile messages depends on the effective transmission from your wireless service provider, which is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

SECTION 8 - PARTICIPANT REQUIREMENTS

To participate in the Program, you must have a compatible wireless device capable of two-way messaging, be subscribed to a participating wireless carrier, and have text messaging services enabled. Not all cellular providers support the necessary services for participation, so please check your phone’s capabilities and service plan.

SECTION 9 - AGE RESTRICTION

You may not use or engage with the Program if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have permission from a parent or legal guardian permission to use or engage in the Program. By using or engaging with the Program, you confirm that you are either (a) not under the age of thirteen (13), (b) between the ages of thirteen (13) and eighteen (18) with parental or guardian consent, or (c) of adult age in your jurisdiction. Additionally, you confirm that your use or engagement with the Program is permitted by law.

SECTION 10 - PROHIBITED CONTENT

You agree to not send any prohibited content through the platform. Prohibited content includes, but is not limited to:

Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, such as profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated software, viruses, worms, Trojan horses, or other malicious code;
Any product, service, or promotion that is unlawful in the jurisdiction where it is received;
Content that references or implicates personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

SECTION 11 - DISPUTE RESOLUTION

In the event of a dispute, claim, or controversy between you and us, or between you and Stodge Inc. d/b/a Postscript, or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Messaging Terms and Conditions, or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Mobile Messaging Terms and Conditions) such dispute will be resolved by binding arbitration to the fullest extent permitted by law. The arbitration will take place in Antwerp, Belgium before a single arbitrator.

You agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Unless otherwise stated, the arbitrator will apply the substantive laws of the Federal Judicial Circuit where Loop’s principal place of business is located, without regard to conflict of law principles. Within ten (10) calendar days after a party serves a demand for arbitration, the parties must jointly select an arbitrator with at least five (5) years of experience relevant to the subject matter of the dispute. no agreement on an arbitrator is reached within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator meeting the same qualifications.

The arbitrator will determine the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The arbitrator’s decision will be final and binding, and appeals are limited to those permitted under Section 10 of the FAA. Each party shall bear its share of arbitration fees, unless the arbitrator decides otherwise as part of a reasoned decision. The arbitrator may only award attorneys’ fees where expressly authorized by statute or contract, and has no authority to award punitive damages. Both parties waive the right to seek punitive damages in arbitration.

THE PARTIES AGREE THAT ANY CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise in writing and sign for confirmation, the arbitrator may not consolidate more than one person’s claims or preside over any form of a class or representative proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

SECTION 12 - MISCELLANEOUS

You warrant and represent to us that you have all necessary rights, authority, and capacity to agree to these terms and fulfill your obligations hereunder. Your agreement and performance of these obligations will not breach any other contract or legal obligation.

The failure of either party to enforce any of these Mobile Messaging Terms and Conditions will not be considered a waiver of that or any other rights. If any provision of these Mobile Messaging Terms and Conditions is found to be unenforceable or invalid, it will be limited or removed to the minimum extent necessary, and the remaining provision will continue in full force and effect.

Any new features, updates, or improvements of the Program will be governed by these Mobile Messaging Terms and Conditions, unless explicitly stated otherwise in writing. We reserve the right to modify Mobile Messaging Terms and Conditions from time to time. The changes might be communicated to you, and it is your responsibility to review these Mobile Messaging Terms and Conditions periodically. By continuing to participate in the Program after any such changes, you accept the Mobile Messaging Terms and Conditions, as modified.