Definitions
Hempzene Alerts are text messages and/or pre-recorded voice messages that contain
promotional alerts for special offers, information and sales from Hempzene.
“You” means the person who signs up to participate in, or uses in any way, Hempzene
Alerts. “hempzene,” “we,” “our,” “us,” and “provider” refer to Hempzene, as well as any
other person or entity providing any service, applications or content to you from us or on
our behalf.
“Applications” and/or “Content” refer to any promotional offer, test message, pre-
recorded voicemail, link, file, device or software that can be downloaded by you to either
a computer or a wireless device.
“Service” means the Hempzene Alerts, Applications, or Content.
Your Acceptance
By agreeing to the Hempzene alerts and/or using the Service provided by Hempzene,
you have agreed to be bound by these terms and conditions (this “Agreement”). If you
do not agree with this Agreement, you must immediately cease using the Service and
opt-out, as described below. Hempzene may update or amend this Agreement at any
time, and such amendments will be effective upon our posting of the updated
Agreement at www.hempzene.com/mterms (the “Website”). Continued access or use
of the Service after such posting constitutes consent by you to be bound by the
Agreement, as amended.
How To Receive Hempzene Alerts
You can sign up to receive Hempzene Alerts by signing up and/or opting in on the
Hempzene Site when prompted. Upon submission of your mobile number (“Your Mobile
Number”) and opting into the Hempzene Alert program, you grant Hempzene express
written consent to deliver pre-recorded automated marketing voicemails and/or
recurring marketing text messages to Your Mobile Number through your wireless phone
carrier using automated technologies unless and until such permission is revoked in
accordance with these Terms and Conditions.. By granting such permission herein to
Hempzene, you are hereby requesting to receive pre-recorded automated voicemails
and/or text messages in spite of the fact that Your Mobile Number(s) may otherwise be
on the federal, or a state’s, Do Not Call List and you agree that, to the maximum extent
permitted by law, your request overrides any prior Do Not Call request for or related to
the Hempzene Alert program you enroll in. You are not required to agree to receipt of
pre-recorded automated voicemails or text messages in order to purchase any product
or service from Hempzene. For text messaging, at Hempzene’s sole discretion, you
may receive an SMS text message requesting you to confirm that you consent to
receive text messages to Your Mobile Number.
Is There A Cost?
While all Hempzene Alerts are free, message and data rates may apply. You may be
charged by your carrier depending on your text plan, By enrolling in the Service, you
certify that you are 18 or older and that (a) you are the account holder or (b) you have
the account holder’s permission to do so.
How to Opt Out
To stop receiving only Hempzene Alerts, simply text STOP in response to your last
received text, or call or follow the instructions in the voicemail. After opting out, you will
receive a text message confirmation of your opt-out and you will no longer receive
Hempzene text messages or voicemails to Your Mobile Number thereafter.
Help
For help, simply call 833-564-1199 or email cs@hempzene.com.
Privacy Policy
View our privacy policy by clicking here.
Contact Information
You acknowledge and represent to Hempzene that you are the current wireless service
plan subscriber and/or an authorized user of the mobile phone number(s) that you link
to (sign up to receive) the Hempzene Alert messages Service, or you have been
granted permission by the wireless service plan subscriber and/or authorized user of the
mobile phone number(s) to enroll the mobile phone number(s) in the service. You agree
to advise us immediately if you cease being the subscriber or regular user of Your
Mobile Number.
Alternative Dispute Resolution and Class Action Waiver
Please contact customer service with any issues that you may have. If we unfortunately
cannot resolve our issues, you and Hempzene each agree to resolve any and all
disputes through binding arbitration or small claims court as set forth below.
Please read this carefully. It affects your rights. YOU AND HEMPZENE AGREE
THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR
RELATING TO, THIS AGREEMENT OR THE SERVICE WILL BE RESOLVED BY
BINDING ARBITRATION, RATHER THAN COURT. 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 and the provider 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 Hempzene 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 is 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
HEMPZENE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE
IGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE
PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE
PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND HEMPZENE
ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL
BASIS. FURTHER, AND UNLESS YOU AND HEMPZENE AGREE OTHERWISE IN
WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE
INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY
NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR
COLLECTIVE PROCEEDING.
Unless you and Hempzene agree otherwise in writing, the arbitration will take place in
the county of the non-initiating party.
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.
If any term of this Section (Alternative Dispute Resolution and Class Action Waiver) 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.
Limitation of Liability
To the maximum extent permitted by applicable law, Hempzene is not responsible and
will not be liable for any damages of any nature, including without limitation any direct,
indirect, incidental, special or consequential damages (such as lost profits or lost
business opportunities), punitive damages or attorney’s fees even if Hempzene has
been advised of the possibility of such damage or loss, arising or resulting from or in
any way relating to your use of the Services and/or Hempzene Alerts. Furthermore,
Hempzene shall not be liable for the acts or omissions of third parties, including but not
limited to delays in the transmission of messages.
Applicable Law
Except as otherwise provided herein, your use of this Service under this Agreement is
governed by the laws of the Commonwealth of Massachusetts without regard to its
conflict of laws principles.
