Privacy Polixy
All defined terms used below shall have the meanings set forth in Our Terms and Conditions. See Terms & Conditions.
This Privacy Policy ("Policy") explains how information about You is collected, used, and disclosed by Your access or use of this Site or otherwise as a result of Your interactions with Us. By visiting this Site directly or through another site, You accept the terms and conditions of this Policy. This Policy applies to this Site. We are not responsible for the content or privacy practices on any website not operated by Us to which this Site links or that links to this Site.
We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on the Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to Us, and rely on a parent or guardian to assist you.
Information Collection
We collect information from you in several different ways on this Site.
Registration and Ordering
Before using certain portions of this Site or ordering products, you may be required to complete an online registration form. During registration, you will be asked to provide to Us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, gender, and credit card number. In addition, We may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If We encounter a problem when processing your order, your personal information may be used to contact you.
Information We Collect Automatically
We may also automatically collect information about you when you access or use the Site or transact business with Us, including:
- Transaction Information: When you purchase or return a product, We collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Log Information: We obtain information about your use of Our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to this Site.
- Device Information: We collect information about the computer or mobile device you use to access Our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
- Location Information: We may collect information about the precise location of your device when you consent to the collection of this information. We may also collect information about your approximate location each time you access this Site.
- Information Collected by Cookies and other Tracking Technologies: We may use cookies, web beacons, and other tracking technologies to collect information about you and your interaction with this Site, including information about your browsing behavior, purchase behavior, and other engagement with the Services. We use this information in one or more of the ways described in the "Use of Information" section below. Most web browsers are set to accept cookies by default, but you can usually change your browser settings to remove or reject cookies.
Information We Collect from Other Sources
We may also receive information about you from other sources and combine or link that with information We have about you. For example, We may collect demographic and change-of-address information from third-party sources and information from third party social media platforms (such as Facebook) if you log into this Site using your social media account credentials or if you make certain content and information publicly available, such as photos, videos, and profile information.
Information Use and Disclosure
Internal Use
We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve this Site’s content and layout, to improve outreach and for Our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.
Communications with You
We will use your personal information to communicate with you about this Site and your orders and deliveries. Also, We may send you a confirmation email when you register with Us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a contest or sweepstakes or to sign up for email newsletters and special offers. If you submit your email address, We use it to deliver the information to you. We always permit you to unsubscribe or opt-out of future emails. Because We have to communicate with you about orders that you choose to place, you cannot opt-out of receiving emails related to your orders.
External Use
Except as otherwise set forth below, We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone.
We may disclose information to third parties that perform specific functions on Our behalf. However, We will only disclose the information that is necessary for them to perform their service.
We must provide your credit card number to financial-services corporations such as credit-card processors and issuers as is required to process your orders. We will use industry-standard security measures, including data encryption, when providing your credit card number to others.
We may disclose personal information or financial information in response to requests from law enforcement officials conducting investigations; subpoenas; a court order; or if We are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms and Conditions or other agreements, or to protect ourselves or others. For example, We may share information to reduce the risk of fraud or if someone uses or attempts to use this Site for illegal reasons or to commit fraud.
While We will not sell (or trade or rent) personally identifiable information to other companies as part of Our regular course of business. However, it’s possible that We might acquire or merge with or be acquired by another company or that We might dispose of some or all of Our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.
We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
Data Security
We take reasonable measures, including administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
Opt Out/Corrections
Upon your request, We will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing Us at info@exclusivelyhbcu.com.
Please do not email your credit-card number or other sensitive information.
Offline Collection Use and Disclosure
We also may collect information offline. We will treat any information collected offline in a manner that is consistent with this Policy. One example involves someone calling Us to place an order or to ask questions. When someone calls, We will ask only for the personal information We need in order to place the order or to answer the question. When We need to store information (such as order information), We will enter it into our database.
Updates to this Policy
If We change or update this Privacy Policy, We will post changes and updates on the Site so that you will always be aware of what information We collect, use and disclose. We encourage you to review this Policy from time to time so you will know if the Privacy Policy has been changed or updated. If you have any questions about the Policy, please contact us at info@exclusivelyhbcu.com.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
ExclusivelyHBCU (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 and Privacy Policy (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.
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.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
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 digital and physical products, services, and events.
Cost and Frequency
Message and data rates may apply. 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 info@exclusivelyhbcu.com. 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. T-Mobile is 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 of 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 Stodge, LLC d/b/a Postscript 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 Spring, Texas 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 Exclusively HBCU’s 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.