Eyeconic - Mobile Terms of Service / Privacy Policy

CONSUMER OPT-IN

For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the MESSAGING CODE listed.

You will not receive any unsolicited messages from our messaging codes. Your phone number will NOT be shared with any third parties for marketing purposes.

To receive information about the service from your cellular phone you can send HELP to the MESSAGING CODE, email support@eyeconic.tv, or call 866-777-4467

CONSUMER OPT-OUT
To Opt-Out (discontinue service), text "STOP" to the MESSAGING CODE from your mobile device. You will not receive any additional messages other than a message to confirm you've opted out. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive.

HELP
To get help, you may send or reply 'HELP' to the MESSAGING CODE you received the message from..
Email: support@eyeconic.tv
Phone: 866-777-4467

Message and data rates may also apply according to your specific cellular plan or prepaid conditions.

CONSUMER PRIVACY
We will not share or use your mobile number for any other purpose.

CONSUMER FEES
Our service never charges consumers to 'receive' or 'reply to' text messages. However, depending on your mobile service plan, message & dates rates may apply.

SUPPORTED CARRIERS - US
Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile

SUPPORTED CARRIERS - CANADA
Aliant Mobility, Bell Mobility, Fido, Mobilicity, Public Mobile, Rogers Wireless, Sasktel Mobility, Telebec Mobilite, Telus Mobility, Videotron, Virgin Mobile Canada, Wind Mobile

DISALLOWED CONTENT
The following content categories are considered deceitful and nuisance campaigns which may result in high volumes of SPAM complaints on the carrier networks. Due to these issues, we do NOT support any campaign under the following categories, regardless of any prior approval.

* The wireless carriers are not liable for delayed or undelivered messages

WARRANTY
Eyeconic will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

PRIVACY POLICY
Eyeconic respects your privacy. We will only use information you provide as it relates to messages you receive from us. We will not sell your personal information or share it with any 3rd parties. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. 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 we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

Corporate Headquarters
Eyeconic
PO Box 2006 Glasgow, KY 42142
Tel: 866-777-4467
Email: support@eyeconic.tv
loyalty.eyeconic.tv

ADDITIONAL TERMS OF SERVICE:

By opting in and choosing to engage in any one of our mobile messaging campaigns you are agreeing to the following Terms of Service:

* IF WE DETERMINE THAT YOU ARE ABUSING THE SYSTEM, WE RESERVE THE SOLE RIGHT TO BLOCK YOU FROM RECEIVING MESSAGES AND PARTICIPATING IN MOBILE CAMPAIGNS *

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Eyeconic, or between you and any third-party acting on behalf of Eyeconic in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Eyeconic's Privacy Policy, 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 determined by arbitration in Los Angeles, CA before one arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA"). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of California, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested ("Arbitration Demand").

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys' fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys' fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.