MOBILE MARKETING TERMS

Effective Date: october 23, 2017

GENERAL

By sending a text message for participation in Mobile Marketing Services ("Mobile Marketing" OR “Services”) of Northgate Gonzalez, LLC, a California limited liability company (“Northgate” or “we”), or by otherwise opting in ("Opting In") to Northgate Mobile Marketing, including, without limitation, via paper or electronic consent, you (“you” or “User”) agree to these Mobile Marketing Terms and Conditions ("Mobile Marketing Terms") and agree to receive SMS, text and other electronic messages (collectively, “Messages”) from Northgate. Northgate may modify or revise these Mobile Marketing Terms at any time by updating this webpage.

 

Data and text message rates will apply to each text message sent or received in accordance with your wireless plan.  Mobile Marketing is open to individuals 18 years of age or older, in Northgate's sole discretion. You will receive up to 5 marketing text messages per month from ______ (“Short Code”).  Messages may include, without limitation, coupons, recipes, or information about specials or events and promotions ("Customer Interests").  You may opt out of Mobile Marketing, or Messages concerning a specified Customer Interest ("Targeted Messages"), at any time, as described below.

AGREEMENT

This is a legal agreement between Northgate and you. By Opting In to Mobile Marketing, you acknowledge that you: (i) have read, understand, and agree to be bound by these Mobile Marketing Terms, Northgate's Terms of Use, and Northgate's Privacy Policy; and (ii) must comply with all applicable laws and regulations related to your use of the Services.

 

THESE MOBILE MARKETING TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT NORTHGATE’S LIABILITY TO YOU. PLEASE READ THESE MOBILE MARKETING TERMS IN THEIR ENTIRETY. BY OPTING IN, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE MOBILE MARKETING TERMS, NORTHGATE’S TERMS OF USE, AND THE NORTHGATE PRIVACY POLICY.  YOU MAY OPT OUT OF MOBILE MARKETING AT ANY TIME.  IF YOU ARE DISSATISFIED WITH MOBILE MARKETING FOR ANY REASON, YOUR SOLE REMEDY IS TO OPT OUT.

COST OF PARTICIPATION

Your carrier’s message and data rates may apply to each message sent or received by you.  There is no additional cost for participation in Mobile Marketing. Contact your carrier for pricing details.

OPT OUT

You may opt out ("Opt Out") of receiving Mobile Marketing Messages by replying "STOP", "END", "QUIT", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to Short Code. You may Opt Out of Targeted Messages by __________.  If you experience any problems with opting out of Mobile Marketing or Targeted Messages or if you need help or additional information related to Mobile Marketing, please text "HELP" to ______.

USER REQUIREMENTS AND RESPONSIBILITIES

In using the Services, you shall not:

 

  • Send or transmit material or content that is unlawful, tortious, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or that contains hate speech;
  • Send or transmit material or content that is vulgar, obscene or pornographic;
  • Send or transmit material or content that infringes on any trademark, copyright, or other intellectual property right;
  • Send or transmit, without proper authorization, information that you know or should know to be confidential, sensitive, or otherwise in breach of the law, including personally identifiable information;
  • Send or transmit viruses or other harmful, disruptive, or destructive files;
  • Send or transmit “spam” or “junk mail”;
  • Intentionally make false, deceptive, or misleading statements;
  • Advertise any product or service via the Services;
  • Use any Intellectual Property from Mobile Marketing for a commercial purpose, including making any collection or use of any listings, descriptions, prices, or images of products;
  • Take any action that will interfere with the proper functioning of the Services; or
  • Employ automated means to access or use the Services.

 

You shall comply with all applicable laws, rules, regulations, and ordinances related to your use of the Services.

 

By Opting In from a cellular telephone number, you represent to Northgate that you can legally provide consent to receive Mobile Marketing Messages on that cellular telephone line. You agree that if and before you disconnect that cellular telephone line, you will Opt Out, as described above, in order to stop future text messages from being sent to that number.

NORTHGATE INTELLECTUAL PROPERTY

All Mobile Marketing content (including, without limitation, text, trademarks, service marks, logos, music, sounds, videos, software, scripts, graphics, interactive features, or any downloadable content [collectively, “Intellectual Property”]) is protected by copyright, trademark, patent, trade secret, trade dress, and other laws in both the United States and elsewhere.  Except as otherwise expressly provided herein, your use of the Services does not grant to you a license to, or right to use, any Intellectual Property.

PURCHASES

Any purchase of products from Northgate shall be in accordance with the prices and purchase options set forth at the time of purchase.  You agree to pay all fees listed at the time of purchase or at the time of pickup (as indicated on your order form) to Northgate. You agree to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.

 

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content provided in Mobile Marketing is accurate, complete, reliable, current, or error-free or that all products are available for purchase at all locations at all times.

 

Northgate may use the services of third parties to perform certain vital functions, including handling payments for the products discussed herein.  These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider.

 

We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.

COUPONS

Coupons, whether print or digital, are subject to the terms of the Coupon Policy and any additional terms provided with the coupon, including but not limited to expiration.  Each coupon may only be redeemed once and may require a unique code for such redemption.  You agree not to share unique coupon codes for additional redemptions.  If you violate this provision, the  Coupon Policy, or the additional terms stated on a coupon,  or otherwise tamper, misuse, or conduct fraud with regards to a coupon, we reserve the right to not honor that coupon. The products offered by such coupons may not be offered by all stores, and are subject to availability. No rain checks are available. Coupons have no monetary or property value. Coupons are revocable upon posting a notice on the Northgate website (the "Website"). Coupons are void if altered, reproduced, transferred, sold, or purchased. Coupons are subject to local law.

PROMOTIONS

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules ("Promotion Rules") that are separate from these Mobile Marketing Terms. Such Promotion Rules will be posted on the Website, provided with Promotion materials, or otherwise made available.  If you participate in any Promotions, please review the applicable rules as well as Northgate's Privacy Policy. To the extent Promotion Rules conflict with these Mobile Marketing Terms, the Promotion Rules will prevail, govern, and control. 

INFRINGEMENT CLAIMS

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent, whose contact information is provided below:

 

1.      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

2.      A description of the copyrighted work that you claim has been infringed;

 

3.      A description of where the material that you claim is infringing is located within Northgate's control;

 

4.      The address, telephone number, and e-mail address of the copyright owner or its agent;

 

5.      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Northgate's Copyright Agent can be reached at: ITNotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o Harrison Lewis, 1201 N. Magnolia Ave., Anaheim, CA 92801.

 

Northgate will handle all notices it receives under this Section in accordance with the terms of the Digital Millennium Copyright Act.

PRIVACY POLICY

For additional information regarding our use of information collected through Mobile Marketing, please refer to our Privacy Policy.

UNITED STATES ONLY

Mobile Marketing Messages are currently available only to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use Mobile Marketing from countries other than the United States.

NO WARRANTIES

YOUR PARTICIPATION IN NORTHGATE MOBILE MARKETING IS ENTIRELY AT YOUR OWN RISK.  THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED IN MOBILE MARKETING ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.  NORTHGATE AND ITS PREDECESSORS, SUCCESSORS, HEIRS, ASSIGNS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, REPRESENTATIVES, ATTORNEYS, OR ANY PERSONS ACTING BY, THROUGH, UNDER, OR IN CONCERT WITH ANY OF THEM (“AFFILIATES”) MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.  NORTHGATE AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE MOBILE MARKETING. 

 

The above disclaimers are made to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

IN NO EVENT WILL NORTHGATE, OR ANY OF ITS AFFILIATES, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORTHGATE OR ANY OF ITS AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

INDEMNIFICATION

You shall defend, indemnify, release, covenant not to sue, and hold harmless Northgate and its Affiliates from and against any and all claims, causes of action, lawsuits, arbitrations, proceedings, liabilities, damages, judgments, costs, or expenses (including attorney’s fees) asserted by third parties, including other users of the Services, arising out of or related to your use or alleged use of the Services (such as text message content you submit, post, transmit, or otherwise send to Northgate), including any of the Services’ content, or your breach or alleged breach of these Mobile Marketing Terms, including (but not limited to) claims that your content is tortious, defamatory, invasive of privacy, or violates the intellectual property rights of another.   

MODIFICATION OF THESE MOBILE MARKETING TERMS

Northgate may modify or revise these Mobile Marketing Terms at any time by updating this webpage. Any alteration to these Mobile Marketing Terms will be effective immediately upon posting, unless expressly stated otherwise.  By not Opting Out after any modification or revision, you agree to be bound by the Mobile Marketing Terms as modified or revised.  You should visit this webpage periodically to review these Mobile Marketing Terms.

TERMINATION

Northgate reserves the right, in its sole discretion, to cancel or suspend Mobile Marketing, in whole or in part, for any reason, with or without notice to you.

DISPUTES

All legal issues arising from or related to the use of the Site or to the subject matter of these Mobile Marketing Terms are to be governed by, construed in accordance with, and determined by the laws of the State of California, without regard to any conflict of law principle that will cause the substantive law of another jurisdiction to apply. The exclusive venue for the resolution of all disputes, lawsuits, arbitrations, proceedings, or other actions arising out of or relating to the Services, these Mobile Marketing Terms, Northgate's Terms of Use, or Northgate's Privacy Policy is Orange County, California, and User and Northgate each hereby submit to personal jurisdiction to that forum and waive any claim or defense that it is an inconvenient forum. 

SEVERABILITY

If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.

ENTIRE AGREEMENT

These Mobile Marketing Terms, the Terms of Use and the Privacy Policy, as well as any applicable Promotions Rules, contain the entire agreement between you and Northgate concerning your use of the Services, superseding any previous negotiations, understandings, or agreements between you and Northgate, whether written or oral.

ASSIGNMENT

You may not assign any rights, duties, obligations, or claims under, arising out of, or relating to these Mobile Marketing Terms without Northgate's prior written consent.  Northgate's rights, duties, obligations, and claims under these Mobile Marketing Terms are freely assignable. 

CONSTRUCTION

As used in these Mobile Marketing Terms, the masculine, feminine, or neuter gender, and the singular or plural number, include the others whenever the context so indicates.  The use of “including” in these Mobile Marketing Terms is for purposes of example and illustration, and not for purposes of restriction or limitation.

NOTICES & CONTACT

All notices and contact concerning these Mobile Marketing Terms and the Services should be sent to Northgate as follows: ITNotices@northgatemarkets.com or Northgate Gonzalez Markets, c/o Harrison Lewis, 1201 N. Magnolia Ave., Anaheim, CA 92801.