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Mobile Terms and Conditions

Welcome to FamilyBird (“The Service”), owned and operated by Novellanova (“The Website”). We focus on maintaining an amusing content, healthy & balanced lifestyle.

Novellanova reserves the right to change the Terms of Use. The most current version will be accessible through https://novellanova.com/fbnterms/.

By enrolling in the FamilyBird SMS service through our website, you are agreeing to sign up for the FamilyBird mobile informational alerts, these Terms of Use, and to receive messages on your mobile phone. When you sign up for the FamilyBird service, you will receive recurring messages based on account activity.You understand that consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the FamilyBird recurring messages, text STOP to 55555 to opt-out. Text HELP to 55555 for help or contact customer care at support.

Fees

Novellanova does not charge you to participate in the FamilyBird Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will Novellanova be responsible for fees that your wireless carrier may charge you for use of The FamilyBird service.

FamilyBird SMS Informational Campaigns

Recurring messages based on account activity. Message & data rates may apply. Consent is not a condition of purchase. Text HELP to 55555 for help or contact customer care at support . The mobile carriers are not liable for delayed or undelivered messages.

Privacy

Novellanova respects and protects your privacy. We do not share any information collected. To see our Privacy Policy, click here https://novellanova.com/fbnprivacy/

Limitations on Use

You must be at least 17 years old to register for and use the FamilyBird service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the FamilyBird service.

Supported Carriers

Mobile carriers are not liable for delayed or undelivered messages.
Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.

Support Issues, Canceling or Unsubscribing

You may opt out of the FamilyBird service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 55555. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject line.

Ownership; Trademarks; Modifications to Offers

You agree that Novellanova or its partners will own all legal right, title and interest in and to the FamilyBird services and any offers made through the FamilyBird services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the FamilyBird service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to the FamilyBird services or offers made through the FamilyBird services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.

Termination

Novellanova reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.

Disclaimer of Warranties

Novellanova makes no warranties, express or implied regarding the FamilyBird service. The FamilyBird service is provided “as is” and on an “as available” basis, and Novellanova DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of Novellanova including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the FamilyBird service. Novellanova is not responsible for any acts that are beyond the control of Novellanova.

Limitation of Liability

Under no circumstances will Novellanova, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the FamilyBird service. Including without limitation, any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Novellanova will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will Novellanova be liable for any damages or liability arising under these terms of use or your use of the FamilyBird service that exceeds US $500.

Additional SMS Terms

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 Novellanova 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 we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS 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 JAMS 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. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Novellanova ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Novellanova 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. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Ohio, or any other location we mutually agree to, subject to Ohio law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 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.

Indemnity

You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue

This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Delaware, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.