BY CONSENTING TO OR USING AREKAE MOBILE MESSAGE SERVICE YOU ACCEPT THESE MOBILE TERMS OF SERVICE AND AGREE TO RESOLVE DISPUTES WITH AREKAE THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN THE WEBSITE TERMS OF SERVICE.
The Arekae mobile message service (the "Service") is operated by Arekae LLC, doing business as Arekae (“Arekae”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
User Choices
By consenting to Arekae’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Arekae through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Arekae. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to [PHONE NUMBER] or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Arekae mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
Support Instructions
For Service support or assistance, contact us at hello@arekae.com or 888-410-4017.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Privacy Policy
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Accurate Information
When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Service for an ulterior purpose, we may refuse you access to the Service and pursue any appropriate legal remedies.
Duty to Notify and Indemnify
If at any time you stop using, whether voluntarily or involuntarily, the mobile telephone number that has been used to subscribe to the Service (e.g., canceling your mobile/wireless service plan, having your mobile/wireless service plan terminated, or selling or transferring the mobile phone number to another party), you agree (1) that you will complete the User Opt Out process set forth above prior to the ending or termination of your use of the mobile telephone number, and (2) that failure to undertake the foregoing User Opt Out process set forth above is a material breach of this Mobile Terms. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, IF YOU DISCONTINUE THE USE OF YOUR MOBILE TELEPHONE NUMBER WITHOUT NOTIFYING US OF SUCH CHANGE IN ACCORDANCE WITH THIS MOBILE TERMS, YOU WILL FULLY, COMPLETELY, AND WITHOUT LIMITATION INDEMNIFY, DEFEND, AND HOLD HARMLESS AREKAE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, AND ANY PARTY THAT ASSISTS IN THE DELIVERY OF THE SMS/MMS MOBILE MESSAGES, AND YOU WILL BE RESPONSIBLE FOR ALL COSTS (INCLUDING ATTORNEYS’ FEES) AND LIABILITIES INCURRED BY ANY OF THOSE ENTITIES AS A RESULT OF ANY CLAIM BROUGHT BY ANY INDIVIDUAL WHO IS LATER ASSIGNED THAT MOBILE TELEPHONE NUMBER. THIS DUTY AND MOBILE TERMS SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR POLICY TO PARTICIPATE IN ANY OF OUR MESSAGING SERVICES. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD AREKAE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, AND ANY PARTY THAT ASSISTS IN THE DELIVERY OF THE SMS/MMS MOBILE MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Disclaimer of Warranty
The Service is offered on an “as-is” basis and may not be available in all areas at all times and may cease to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any SMS/MMS mobile messages connected with the Service. The delivery of SMS/MMS mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Neither Arekae nor the mobile carriers are liable for any delayed or undelivered messages.
Changes to the Mobile Terms
We may revise this Mobile Terms from time to time in our sole discretion. If there are any material changes to this Mobile Terms, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Mobile Terms if you continue to use the Service after the new Mobile Terms takes effect.
How To Contact Us
If you are experiencing any problems with the Service, please contact us at hello@arekae.com.