1.0. Overview

1.1. This agreement applies to the businesses of Moments with Mahalia (from this point referred as MWM), or affiliates. Use and access to the any site associated with MWM (including unbranded or white label versions), are subject to these Terms of Service as well as our Privacy Policy, located at: https://momentswithmahalia.com/policy

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1.2. The terms and conditions on this page apply to both users of MWM’s web-based user interface and anyone using an application programming interface (API) in connection with MWM services.

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1.3. MWM reserves the right, at its sole discretion, to modify and post these Terms of Service at any time without prior notice. You are advised to visit this page to review the current Terms of Service on a regular basis.

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1.4. MWM provides a variety of services, resources, assistance, coaching, and opportunities that requires the need to collect names, email addresses, phone numbers and other information on an opt-in bases. All information may only be imported if the subscriber(s) gave full consent to receive the specified communication.

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1.5. MWM is prohibited from using its SMS/Email/Messaging services for sending and unsolicited messages, generally known as spam.

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1.6. MWM reserves the right to suspend or terminate message recipient access at any time, at sole discretion, and without prior warning if your participation in the messaging services is reasonably believed to violate any term in this agreement or applicable law.

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1.7. MWM prohibits the participation of its services for bullying, illegal activity, fake accounts, marketing, and other prohibited material described in this document.

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1.8. MWM will not use your data or any other private information you provided for any purpose other than those indicated in these Terms of Service or to comply with legal requirements.

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2.0. Spam Policy

2.1. MWM has a no-tolerance toward producing or transmitting spam. As the recipient of MWM digital communications, you reserve the right to unsubscribe, delete, ignore, or store your messaging communication. 

 

2.2. Every outgoing email or digital message via the MWM’s service will contain a link that allows the recipient to unsubscribe from any opted-in distribution list(s). For example, and without limitation, SMS message will include “STOP” instructions.

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3.0. Prohibited Content

3.1. In addition to and without limitation to terms under the Acceptable Use Policy, MWM prohibits the use of accepting through its digital communication service(s) the following types of content, products, and services:

 

3.1.1. Pornography, sexual products, otherwise sexually explicit material, and escort services

 

3.1.2. Illegal drugs and drug contraband

 

3.1.3. Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age

 

3.1.4. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code

 

3.1.5. Instructions or materials for the assembly of bombs or other weapons

 

3.1.6. Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor)

 

3.1.7. Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner

 

3.1.8. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)

 

3.1.10. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings

 

3.1.11. Any libelous, defamatory, scandalous, threatening, or harassing activity

 

3.1.12. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age

 

3.1.13. Advocating, promoting, or encouraging violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence

 

3.1.14. Any product or service related to death (e.g., mortuaries and cemeteries)

 

3.1.15. Any product or service that is unlawful where such product or service or promotion thereof is received

 

3.1.16. Images of authors, artists, photographers, or others without prior express written consent form the content owner

 

3.1.17. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier

 

4.0 Message Frequency and Content Sharing:

4.1. You can receive messages at a varied rate depending on what service or distribution list(s) you opted-into. However, one can assume that at least one message will be distributed bi-weekly. For more details contact info@momentswithmahalia.com. 

 

4.2. As a participant in digital distribution communications channels facilitated by MWM or an affiliate you are agreeing to receive content that is associated with holistic wellness, character building, personal development, health and wellness, herbalism, mental wellbeing, physical strength, spiritual development, or other topics that support holistic health. 

 

4.3. Participants engaging in MWM's digital communications platforms should not transmit, share, or discuss personal, sensitive or health related information (diagnoses, prognosis) via MWM’s SMS services. Specific health, personal, or sensitive information should be discussed via the HIPAA complaint avenues specifically outlined in your individual correspondence with MWM or an affiliate. 

 

4.4. Participants personal, sensitive, medical, or health related information will not be disclosed or shared to third parties for profit, personal gain, storage, or other means. 

 

4.5. Digital communications designed for storage and transfer services specially provided for holistic health services provided through MWM or an affiliate follow HIPAA compliance. For more information on MWM’s HIPAA complaint practices visit momentswithmahalia.com/privacypolicy.

 

5.0 Opt-Out Instructions:

5.1. To stop receiving messages, you may unsubscribe at any time by replying with the keyword “STOP”. After sending this message, you will receive a confirmation SMS, and no further messages will be sent to you. To rejoin, text “START” to (833) 872-3072.

 

5.2. You may opt-out of any digital communication emails, messages, or digital content at any moment. Service(s) can be terminated by opting out via the text option with the word “STOP” or by sending an email to info@momentswithmahalia.com. For email opt-outs please include “Digital Communications OPT-OUT Request” in the subject line.

 

6.0 Site Disclaimer

6.1. MWM PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. MWM DOES NOT WARRANT THAT ITS SERVICES OR COMMUNICATION WILL FUNCTION AS DESCRIBED OR WILL BE UNINTERRUPTED, ERROR-FREE. 

 

7.0 Help

7.1.If you need assistance with the SMS program, reply with “HELP” to (833) 872-3072 or contact us directly at info@momentswithmahalia.com. 

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8.0 Carrier Liability:

8.1. Please note that carriers are not responsible for delayed or undelivered messages. 

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9.0 Cost

9.1. Standard message and data rates may apply for messages sent to and received from us. For questions about your text or data plan, please contact your wireless provider. 

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10.0 Acknowledgement

10.1. You hereby acknowledge and agree to the following terms of this digital communications option, subject in each case to the terms indicated elsewhere in this agreement:

 

10.1.1. Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.

 

10.1.2. Your personal information will not be sold, distributed, or used for the advancement of MWM or another organization.

 

10.1.3. You and MWM agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any MWM representative will be honored.

 

10.1.4. No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind SAKARI in any respect whatsoever.

 

10.1.5. In any action or proceeding with you to enforce MWM’s rights under the Agreement, you agree that MWM will be entitled to recover its costs and attorneys’ fees.

 

10.1.6. The agreement shall be governed by the laws outlined in the United States’ Judicial System. All legal actions in connection with the agreement shall be brought in the state or federal court.

 

10.1.7. MWM reserves the right to refuse, suspend, disable, or terminate any party’s participation in its messaging and digital communication services, in whole or in part, at any time, for any reason, and without notice. MWM shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements.

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11.0 Privacy

11.1. For details on how we handle your information, please review our privacy policy here: momentswithmahalia.com/privacypolicy.

 

If you have any questions about the Terms of Service, please contact us at: info@momentswithmahalia.com

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