Terms & Conditions
- Overview
- Eligibility to Use Enroll ERC’s Services
- Data Privacy
- Description of Services
- Electronic Notifications
- Your Use of the Services and Your Representations and Certifications
- Assumption of Risk
- Confidentiality
- Intellectual Property
- Third Party Services and Websites
- Suspension or Termination of Use
- Disclaimer of Warranty
- Limitation of Liability
- Indemnification
- Governing Law and Forum for Dispute Resolution
- California Consumer Rights Notice
- Changes to These Terms of Service
- Miscellaneous Terms
1. Overview
The following Terms and Conditions govern your use of our Site and Services, including, but not limited to, our web interface located at https://enrollerc.com (“Site”) (collectively, the “Services”).
These Terms and Conditions (the “Terms”) are a binding contract between your Company and Enroll ERC, LLC (“Enroll ERC”). As used in these Terms, “we”, “us”, or “our” also refers to Enroll ERC.
You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that Enroll ERC may reference or incorporate into these Terms from time to time.
You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Enroll ERC, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Enroll ERC, and you do not have any authority of any kind to bind Enroll ERC in any respect whatsoever.
Incentive programs that could be available for your company include, but are not limited to, Employee Retention Credit, Section 41 Research & Experimentation Credits, Energy EP Act 179D, as well as Hiring-based Incentives, Federal HUD Zone Credits, State Location-based Credits, and Employee Reimbursement Incentives.
Enroll ERC is a consulting firm. Enroll ERC may subcontract CPAs, MBAs, PHDs, Engineers, Manufacturing Specialists, Software Developers, Accounting Professionals, and Tax Attorneys to find refunds, deductions, credits, and incentives businesses can claim. Our team of experts identify, quantify, qualify, and calculate the refunds due to our Clients. Enroll ERC will answer any questions and provide backup data for any inquiry.
2. Eligibility to Use Enroll ERC’ Services
To access or use Enroll ERC’ Services, you must be able to form a legally binding contract with Enroll ERC. You therefore represent and warrant that you are of legal age to form a binding contract. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the Services.
Ages 18 and Over Only. The Site is intended for those ages 18 and over. If you are under 18 years of age, please do not use Enroll ERC’ Services.
In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Enroll ERC will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Private Policy for more information including how to notify Enroll ERC of any concerns in this regard.
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. Enroll ERC is not responsible for your using the Services in a way that breaks any law or regulation.
3. Data Privacy
Enroll ERC takes the privacy of our users very seriously. To view our current Privacy Policy, please click here.
4. Description of Services
The Services consist of a web-hosted user interface for the Services. You understand that interacting with any of these systems or code that support the Services is ultimately your own decision, and Enroll ERC has no control or responsibility for the results of your transactions with Services.
Enroll ERC will perform the following in order to evaluate, analyze, and procure your eligible incentives:
- Determine company qualification for specialized incentive programs;
- Collect documentation in order to determine company utilization of incentives; and
- Establish total fee to procure benefit(s).
5. Your Use of Services and Your Representation and Certifications
Your Company agrees to provide the necessary documentation for the Credit Projection Report.
Based on information provided in this qualification form along with your Company tax returns, once analyzed, Enroll ERC will contact your Company with a conservative estimate of credits that Enroll ERC’ projects will be available to you in the form of repayment of overpaid taxes from a federal and/or state tax authority.
If you wish to contract Enroll ERC to proceed, a consulting agreement and CPA engagement letter will be offered with further details, fees, and expectations. Enroll ERC does not accept any project unless it determines your Company qualifies for the refunds.
All the documentation is prepared so that your Company can apply the credits to past or current tax liability. Credits arrive in the form of a refund check. The credits may also be carried forward to offset tax liability in the future. If any credit we calculated is denied for any reason, Enroll ERC will refund that portion of its fee.
You certify that you have the required authority to sign and submit this questionnaire on behalf of the Applicant.
You certify that the information provided in this questionnaire and in all supporting documentation true and correct in all material respects. You make this certification after reasonable inquiry people, systems, and other information available to the Applicant.
As the Authorized Representative on behalf of the Applicant, You recognize and agree to hold harmless Enroll ERC, its employees and officers, from any damages, monetary or otherwise, that may arise as a result of incorrect information supplied by the Applicant in relation to the activity of obtaining a Tax Credit from the Internal Revenue Service.
Your access and use of the website may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to make the website available to you, we do not promise that it will be available at all times.
You agree that website may use your feedback, suggestions, or ideas in any way, including in future modifications of the website, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy).
6. Restrictions and Requirements for Our Services
You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Enroll ERC);
- Violates any law or regulation or these Terms;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of Enroll ERC;
- Attempts, in any manner, to obtain the account or other security information from any other individual;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are using the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Services;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website; or
- Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services to the extent possible.
7. Electronic Notifications
Enroll ERC may from time to time provide automatic notifications and voluntary Services-related notifications, as further explained below and subject always to our Privacy Policy.
8. Assumption of Risk
By using our Services, you acknowledge and accept that there are substantial risks associated with using Sites and Services provided on the Internet. You agree and understand that you:
- Have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Services;
- Have the knowledge, experience, understanding, professional advice, and/or information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of our Services and are not relying on us; and
- Accept networking technology generally. You further assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in these Terms.
You take responsibility for all activities and transactions that occur in connection with your use of our Services and accept all risks and consequences of your use of our Services to the maximum extent permitted by law.
9. Confidentiality
Your Company may disclose or make available to Enroll ERC information about its business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, in electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Confidentiality provisions by Enroll ERC or any of its Representatives; (ii) is or becomes available to Enroll ERC on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of Enroll ERC before being disclosed by or on behalf of the your Company; (iv) was or is independently developed by Enroll ERC without reference to or use, in whole or in part, of any of your Company’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction.
In order for Enroll ERC and its subcontractors to conduct their review and determination of qualification for various State and Federal tax credits, certain information will be made available to Enroll ERC, its field consultants and subcontractors, which may include Payroll Tax Returns, State and Federal Income Tax Returns and other supplementary information. As your Company has agreed to furnish these confidential records, Enroll ERC and its agents, agree to hold confidential or proprietary information in trust and confidence and agrees that it shall be used only for the contemplated purposes necessary. Should a Consulting Agreement be signed by the two parties, Enroll ERC will make third-party disclosures to the State Taxing Authority and/ or Internal Revenue Service for the purpose of securing tax credits and/or refunds for the Client. This confidential information will not be shared or disclosed to any other third party, except the employees/associates of who have a need to know.
These Terms and Conditions will also govern all communications between the parties, including fax and email. Client gives referring field consultant permission, as a conduit to Enroll ERC and subcontractors of Enroll ERC, to receive and deliver the completed documents.
10. Intellectual Property
Your right to access and use of the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our website for lawful purposes. Subject to your compliance with these Terms, Enroll ERC hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes).
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Enroll ERC’) rights.
You understand that, except with respect to any open source software or third-party software that the Services incorporate, Enroll ERC owns the Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Services that are proprietary to Enroll ERC.
Enroll ERC Has and Retains All Rights in Our Services
Except for integrations with or links to third-party applications or websites, the Service itself, all content, and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Enroll ERC Content”) are the property of Enroll ERC and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Enroll ERC Content without our permission.
Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing Enroll ERC Content, for your use and to engage as expressly permitted by the features of the Service. Enroll ERC may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Enroll ERC reserves all other rights, and no other rights are granted by implication or otherwise.
11. Third Party Services and Websites
Any third-party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
Enroll ERC is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
The Services may contain links or connections to third party websites or services that are not owned or controlled by us. In other cases, third party websites or services may integrate with our Services, or we may integrate with third party websites or other services. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that our Services may be used with other third-party services should not be taken as an endorsement of those services. Enroll ERC encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.
Enroll ERC has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Enroll ERC will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold Enroll ERC harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Services, or between users and any third party, you agree that Enroll ERC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Enroll ERC, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Suspension or Termination of Use
You may terminate your use of our Services at any time. Enroll ERC may terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. Enroll ERC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree that Enroll ERC shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Services. In addition, we reserve the right to terminate your access to our Services for any reason, and to take any other actions that Enroll ERC, in its sole discretion, believes to be in the interest of our Enroll ERC and of our users as a whole.
13. Disclaimer of Warranty
Your Use of the Services is Subject to Certain Disclaimers. Enroll ERC SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. Enroll ERC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH Enroll ERC SERVICES OR AVAILABLE THROUGH OUR SITE. Enroll ERC RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICES BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, Enroll ERC DOES NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. Enroll ERC IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
14. Limitation of Liability
Enroll ERC, its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our Services (including, without limitation, as a result of breach of any warranty or other term of these Terms of Service).
Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Services, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Enroll ERC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Indemnification
To the fullest extent allowed by applicable law, You agree to indemnify and hold Enroll ERC, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services, or (b) your violation of these Terms or applicable law. Enroll ERC reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Enroll ERC with such cooperation as is reasonably requested by us.
16. Governing Law and Forum for Dispute Resolution
These Terms, and your relationship with Enroll ERC under these Terms, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions.
17. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of a website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the Enroll ERC Services.
18. Changes to These Terms of Service
Enroll ERC is constantly working to improve its Services, and these Terms may need to be updated. Enroll ERC reserves the right to change these Terms at any time. Updates to these Terms will be made available on the Enroll ERC Site (https://enrollerc.com) may suspend or discontinue any part of the Services, or Enroll ERC may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Enroll ERC reserve the right to remove any content from the Site or Services at any time, for any reason in our sole discretion, and without notice.
If you do not agree with the new Terms after any changes, please immediately discontinue your uses of the Site and Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Enroll ERC without restriction. Any attempt to assign or transfer these Terms of Use and any rights and licenses will be null and void.
19. Miscellaneous Terms
Entire Agreement. The Terms of Use, including Enroll ERC’ Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and Enroll ERC and governs your use of the site, superseding any contemporaneous or prior agreements between you and Enroll ERC.
Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. Enroll ERC may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Waiver and Severability. The failure of Enroll ERC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. Enroll ERC may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other site-related announcements, by postings on the site or via email.
Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
Enroll ERC May be Legally Compelled to Disclose Certain Information. You agree that in the event Enroll ERC receives a subpoena issued by a court or from a law enforcement or government agency, Enroll ERC may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto.
Contact Information. Please send any questions, comments or report any Terms of Service violations to [email protected].
20. SMS/MMS Mobile Message Marketing Program Terms and Conditions
ENROLLERC LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, 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 detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that ENROLLERC LLC and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of cosmetics and oral care products. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue 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 mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references 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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Emotive/SMS Bump 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, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Cumming, GA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ENROLLERC LLC principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide 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 decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration 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.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Text marketing messages will not exceed 10 Messages a month. You acknowledge that consent is not a condition for any purchase.
Contact Info:
ENROLLERC LLC
2796 Ashleigh Ln
ALPHARETTA, GA 30004