By accessing the website at https://Xablo.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
In no event shall Xablo.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Xablo.com’s website, even if Xablo.com or a Xablo.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Xablo.com’s website could include technical, typographical, or photographic errors. Xablo.com does not warrant that any of the materials on its website are accurate, complete or current. Xablo.com may make changes to the materials contained on its website at any time without notice. However Xablo.com does not make any commitment to update the materials.
Xablo.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Xablo.com of the site. Use of any such linked website is at the user’s own risk.
Xablo.com (“We,” “Us,” “Our”, “XBL”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program, such as through online enrollment forms or by texting a keyword to 1 (702) 508-8160 or any successor short code to opt into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Us to communicate with you requires human intervention for Our mobile messages to be initiated, and thus Our mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Us. Our text messaging service supports the following carriers: AT&T, Boost, MetroPCS®, Sprint, T-Mobile®, US Cellular®, Verizon Wireless, Virgin Mobile and others. T-Mobile® is not liable for delayed or undelivered messages.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages about new blog posts and articles on this site, exclusive deals or offers, sites and blog recommendations from us, our Marketing Partners.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us.
Contact Information: For support text “HELP” to 1 (702) 508-8160, or to any of Our mobile messages, call 1 (702) 508-8160 or email us at [email protected].
User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to 1 (702) 508-8160, or to any of Our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to 1 (702) 508-8160 or to any of Our mobile messages you receive, or by contacting Us via the means provided above and clearly communicating your intent to unsubscribe from the Program. For additional support, text “HELP” to 1 (702) 508-8160 to get help.
MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.
8. Modifications
Xablo.com may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
You and Xablo.com agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Xablo.com relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Xablo.com will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Xablo.com also have the right to bring qualifying claims in small claims court. In addition, you and Xablo.com retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.
Neither you nor Xablo.com may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Xablo.com’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 9 will survive the termination of your relationship with Xablo.com.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Xablo.com WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
These terms and conditions are governed by and construed in accordance with the laws of the state of Tennessee, U.S.A. and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.