Terms and Conditions
Effective Date: [2/19/2023]
Terms and Conditions
luxurylifecharters.com Mobile Communications Terms and Conditions (“Mobile Terms”)
Effective date: January 10th, 2023
A. Binding agreement
Through its website and via additional means, The Wrap Agency, LLC (“luxurylifecharters.com”) provides any individual located in the United States (“you”) with the option to receive information and marketing materials related to luxurylifecharters.com products and services via calls or messages to your mobile device using a mobile phone number you provide to luxurylifecharters.com (“mobile communications”). By signing up to receive mobile communications from luxurylifecharters.com, you agree to be bound by the following terms and conditions, and you represent and warrant that you have the legal authority and capacity to enter into this agreement.
IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM LUXURYLIFECHARTERS.COM, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LUXURYLIFECHARTERS.COM. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.
Consent is not a condition of receiving luxurylifecharters.com products or any luxurylifecharters.com service aside from receiving mobile communications; however, luxurylifecharters.com agrees to provide you with mobile communications ONLY if you agree to the terms contained herein. If you do not wish to agree to these terms, but wish to contact luxurylifecharters.com about its products and services, please contact a luxurylifecharters.com consultant by calling (516) 319-5527. Your agreement to receive mobile communications from luxurylifecharters.com does not affect the terms of any other contract or agreement you have related to other luxurylifecharters.com products or services.
B. Non-secure transmission of protected health information
Mobile communications sent by luxurylifecharters.com may contain protected health information (“PHI”) that is subject to certain legal protections under the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state laws. luxurylifecharters.com will treat all PHI in accordance with its Notice of Privacy Practices (https://www.luxuryyachtcharter.com/privacy-policy/) and will minimize the amount of PHI transmitted in mobile communications to the minimum amount necessary to achieve the purpose of the mobile communication. However, by signing up for mobile alerts, you expressly acknowledge that mobile communications luxurylifecharters.com sends may be unencrypted or insecure, that mobile communications are sent over public communications networks or similar facilities that are not within luxurylifecharters.com’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read mobile communications that luxurylifecharters.com sends. IF YOU ARE CONCERNED ABOUT THE POSSIBLE DISCLOSURE OF PHI CONTAINED IN LUXURYLIFECHARTERS.COM MOBILE COMMUNICATIONS, DO NOT SIGN UP TO RECEIVE MOBILE COMMUNICATIONS. You agree to hold luxurylifecharters.com harmless against any unauthorized third party access to PHI contained in mobile communications from luxurylifecharters.com.
C. Mobile communications means and content
By signing up to receive mobile communications from luxurylifecharters.com, you are providing prior express written consent for luxurylifecharters.com to send you mobile communications at the number you provide to luxurylifecharters.com. Mobile communications may contain marketing or advertising material. luxurylifecharters.com may send mobile communications to you directly or through a third party acting on behalf of luxurylifecharters.com. In doing so, luxurylifecharters.com or a third party acting on its behalf may use non-automated or automated means to send mobile communications, including but not limited to equipment that qualifies as an automated telephone dialing system. You agree not to respond to any luxurylifecharters.com mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages luxurylifecharters.com’s property or systems. You understand that text messages and other communications you send in response to luxurylifecharters.com mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold luxurylifecharters.com harmless against any unauthorized third party access to PHI contained in messages you send to luxurylifecharters.com.
D. Accuracy of number
You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to luxurylifecharters.com. You have confirmed that you have provided us with the correct number.
luxurylifecharters.com will not impose any charges on you associated with its sending of mobile communications. However, your mobile device service provider may charge messaging or data fees or rates associated with mobile communications you receive from or send to luxurylifecharters.com. You are solely responsible for any such charges.
You may revoke your consent to receive mobile communications from luxurylifecharters.com at any time by texting “STOP” in reply to any luxurylifecharters.com mobile communication or by writing an email to firstname.lastname@example.org clearly indicating that you do not wish to receive additional mobile communications from luxurylifecharters.com. Luxurylifecharters.com may, in its sole discretion, choose to honor or disregard revocation requests made through other means.
You agree to notify luxurylifecharters.com immediately if you cancel your subscription to the number you provided to luxurylifecharters.com at the time of registration by writing an email to email@example.com or change your domicile to a location outside of the United States. luxurylifecharters.com will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice. Upon its own election, luxurylifecharters.com may terminate your participation in its mobile communications program at any time, in its sole discretion.
luxurylifecharters.com may modify or revise these Mobile Terms at any time by posting revisions on the luxurylifecharters.com website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any luxurylifecharters.com mobile communication or by writing an email to firstname.lastname@example.org clearly indicating that you do not wish to receive additional mobile communications from luxurylifecharters.com after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms. You may not modify these Mobile Terms without express written consent from luxurylifecharters.com.
Any controversy, dispute, or claim arising out of or relating to these luxurylifecharters.com Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of luxurylifecharters.com—including the suitability of your or luxurylifecharters.com’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction. Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question. No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless luxurylifecharters.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.
Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
For arbitration claims you assert against luxurylifecharters.com in accordance with this Section (but not for any arbitration claim against you), luxurylifecharters.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. luxurylifecharters.com will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.
Before seeking arbitration, you must first send to luxurylifecharters.com a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to The Wrap Agency LLC 520 brickell key dr, apt 1103, Miami, FL 33131. The Notice should describe the nature and basis of your claim or dispute and the specific relief you seek. If you and luxurylifecharters.com cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or luxurylifecharters.com may commence arbitration.
I. Disclaimer of warranties
luxurylifecharters.com sends mobile communications on an “as-is” basis. luxurylifecharters.com specifically disclaims all express or implied warranties related to its mobile communications.
J. Governing law
These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.
If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.
Sections H through K shall survive any termination of these Mobile Terms by either luxurylifecharters.com or you.
Mobile Communications Terms and Conditions – SMS
Depending on what you have opted into, you will receive messages about the hearing aid trial and/or marketing. We will contact you during our process with transactional messages to confirm your signup or send you an appointment reminder for your hearing aid trial. Leads who signed up for a hearing aid trial but couldn’t be reached or decided to continue at a later stage after talking to a consultant, can receive marketing text messages about hearing aid news.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-303-956-1823
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages depending on the level of service, message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Marketing and Advertising Communications
We understand that sometimes customers no longer want to receive marketing and advertising communications from companies that have or want a relationship with them. Therefore, we have provided the following guidance to help you with stopping future communications with our company.
For Marketing Calls
If you no longer wish to receive phone calls from luxurylifecharters.com, please call (516)319-5527 or email email@example.com. Once we receive your request, we will add you to the company’s internal Do Not Call list. Allow 24-48 hours for removal.
For Text Messages
If you no longer wish to receive text messages from luxurylifecharters.com, please call (516)319-5527 . You will be opted out of receiving future messages after luxurylifecharters.com sends you a confirmation message confirming that the opt-out request has been processed. If you are experiencing issues with the messaging program, you can get help directly at (516)319-5527 . Allow 24-48 hours for removal.
If you no longer wish to receive emails from luxurylifecharters.com, please call (516)319-5527 or click on the “unsubscribe” link included in the email you received. Allow 24-48 hours for removal.