Terms & Conditions

Website Terms & Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

These website terms and conditions are entered into by and between You and Hambisana IT LLC (“Hambisana,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Website Terms and Conditions”), govern your access to and use of hambisana-it.com (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read the Website Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Website Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Website Terms and Conditions or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Hambisana and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE WEBSITE TERMS AND CONDITIONS

We may revise and update these Website Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Website Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.

You are responsible for both: (i) Making all arrangements necessary for you to have access to the Website; and (2) Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree that Hambisana does not have any responsibility if you lose or share access to your account.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Website Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@hambisana-it.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Website Terms and Conditions is a breach of these Website Terms and Conditions and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Website Terms and Conditions. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Website Terms and Conditions.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Website Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Any information you provide to us through this Website is not confidential information or protected by the attorney-client privilege. Do not send or include any information in any inquiry to us that you consider to be confidential or privileged.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our Website’s homepage, provided you do so in a way that is fair to us, is legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Website Terms and Conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any non-public part of the Website.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Website Terms and Conditions.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Website Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and you accept and agree we have no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the Website Terms and Conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THAT AN OUTCOME SATISFACTORY TO YOU WILL BE OBTAINED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF LEGAL RIGHT, LOSS OF OPPORTUNITY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE EVEN IF FORESEEABLE.

SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HAMBISANA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO HAMBISANA IN EXCHANGE FOR ALLOWING YOU ACCESS TO, USE OF, OR IN CONNECTION WITH, SERVICES OFFERED ON OR THROUGH THE WEBSITE WITHIN THE SIX (6) MONTHS PRIOR TO THE DATE YOU INCURRED THE LOSS GIVING RISE TO YOUR CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Website Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Website Terms and Conditions, your use of any information obtained from the Website, and your breach of any of these Website Terms and Conditions.

Hambisana reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Hambisana if and as requested by Hambisana in the defense and settlement of such matter.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Website Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Website Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of San Antonio and County of Bexar, although we retain the right to bring any suit, action, or proceeding against you for breach of these Website Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

JURY TRIAL AND CLASS ACTION WAIVER

YOUR ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THIS SECTION. REGARDLESS OF WHETHER COURT ACTION OR ARBITRATION IS INVOKED FOR ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE: (1) YOU AND WE WILL NOT HAVE THE RIGHT TO HAVE A JURY DECIDE THE CLAIM, AND (2) YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OTHER REPRESENTATIVE ACTION AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR SIMILAR PROCEEDING.

ARBITRATION

At Company’s sole discretion, it may require you to submit any disputes arising from these Website Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Website Terms and Conditions OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Website Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Website Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Website Terms and Conditions is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Website Terms and Conditions will remain in full force and effect.

ENTIRE AGREEMENT

The Website Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Hambisana regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

GENERAL

These Terms do not, and shall not be construed to, create any joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Website Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. The failure of Hambsiana to act or timely act with respect to a breach of these Website Terms and Conditions by you or others does not constitute a waiver and will not limit Hambisana’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Website Terms and Conditions without restriction. Any use of the term “including” or variations thereof in these Website Terms and Conditions shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Website Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Website Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

YOUR COMMENTS AND CONCERNS

For questions or concerns regarding these Website Terms and Conditions of our Privacy Policy, please contact Hambisana IT LLC by email at info@hambisana-it.com

10-Digit Long Code SMS Communications Terms & Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

These 10-digit long code SMS communications terms and conditions are entered into by and between You and Hambisana IT LLC (“Hambisana,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference are for our SMS/Text messaging services from our 10-digit long code telephone numbers and are referred to as the “Hambisana SMS/Text Message Services” hereafter.

By voluntarily providing your mobile phone number to Hambisana, you consent to receive periodic SMS or MMS messages from us. These messages may include important updates and information relating to the products and services Hambisana provides to you and other important updates and communications.

AFFIRMATION OF ACCURATE NUMBERS AND OBLIGATIONS OF EACH PARTY:

By you voluntarily providing your mobile phone number to Hambisana:

  • You affirm that the mobile number you have provided to Hambisana is accurate and current.
  • You represent that you are the authorized subscriber or owner of any telephone number you provide
  • You agree that if there are any changes to your contact information, including telephone numbers, you will notify us immediately by emailing info@hambisana-it.com or calling (210) 868-6220 before the change takes effect

By us providing the Hambisana SMS/Text Message Services to you:

  • Hambisana affirms that it is the authorized subscriber and owner of all the10-digit long code telephone numbers used for the Hambisana SMS/Text Message Services.
  • Hambisana affirms to you that the phone number(s) we have provided to you is (are) accurate and current.
  • Hambisana agrees that if there are any changes to the number(s) we provide to you, we will notify you immediately through SMS/Messaging, phone call, or verbal notification at an in-person meeting.

PARTICIPATION REQUIREMENTS

By you consenting and participating in the Hambisana SMS/Text Message Services:

  • You affirm you are at least eighteen (18) years old
  • You affirm that you possess a wireless device capable of two-way messaging and have active messaging service for that wireless device.
  • You represent that you are the authorized subscriber or owner of any telephone number you provide
  • You affirm that you are a customer of a participating mobile phone carrier/provider
  • You agree that if there are any changes to your contact information, including telephone numbers, you will notify us immediately by emailing info@hambisana-it.com or calling (210) 868-6220 before the change takes effect
  • You warrant that you have the necessary rights, powers, and authority to agree to the Hambisana SMS/Text Message Services

Compatibility of mobile phone models with the service, text messaging capabilities, and service availability may vary by mobile phone service carrier/provider. Standard message and data rates by your mobile phone service carrier/provider may apply.

CONSENT TO RECEIVE AUTOMATED COMMUNICATIONS

By voluntarily providing your mobile phone number to Hambisana, you explicitly consent (opt-in) to receive periodic automated and non-automated text messages SMS or MMS messages from us. These messages may include important updates and services information tailored to your needs, regarding you IT and technology support services and other communications related to our products and services. The Hambisana SMS/Text Message Services are intended for mainly IT support communications and not for sales-based initiatives. Consent to receive these messages is not a condition of purchase products or support, or paid support.

While we do not charge for text messages, your Carrier’s standard rates for text and data may apply. Contact your Carrier for details on your text and data plan. Standard message and data rates may apply. Message frequency varies on an as needed basis (For Example: some weeks may have no SMS correspondence, and some weeks may have a 10 or 20 SMS message correspondence).

OPT-OUT INSTRUCTIONS

You may opt-out of receiving SMS/Text messages from the Hambisana SMS/Text Message Services at any time by:

  • Texting “STOP” to the number from which you received the message.
  • Verbally opting out of receiving further messages from our SMS Text messaging services during a phone call or in-person appointment with Hambisana.
  • Contacting us by emailing info@hambisana.com
  • Calling Hambisana directly at +1 (210) 868-6220.

ASSISTANCE INSTRUCTIONS

You may receive technical help relating to the Hambisana SMS/Text Message Services at any time by:

  • Texting “HELP” to the number from which you’re receiving messages.
  • Email info@hambisana-it.com for further assistance.
  • Calling Hambisana directly at +1 (210) 868-6220

CARRIER PARTICIPATION

Participating Wireless Carriers in the United States include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile, among others (“Carriers”). Not all Carriers support the Hambisana SMS/Text Message Services. Hambisana and Carriers are not liable for delayed or undelivered messages.

DATA COLLECTION AND USE

In connection with the Hambisana SMS/Text Message Services, we may collect your mobile phone number, carrier’s name, and the date, time, and content of your SMS or MMS messages among other information you provide. This information may be used to contact you and to deliver the services you have requested from us. Please see our Privacy Policy for more information.

SERVICE MODIFICATIONS AND TERMINATION:

By subscribing or using the Hambisana SMS/Text Message Services, you acknowledge Hambisana’s right to modify or discontinue the service, with or without notice, at any time.

INDEMNIFICATION

Upon request, you agree to defend, indemnify, and hold harmless Hambisana IT LLC, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your breach of any provision of this Agreement; (b) claims against privacy, tort, or others, arising from your voluntary provision of a telephone number not owned by you; (c) your failure to notify us of changes in your phone number; or (d) any breach relating to the Federal Telephone Consumer Protection Act or state law equivalents. Hambisana IT LLC reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

GOVERNING LAW AND JURISDICTION

All matters relating to the Hambisana SMS/Text Message Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Website Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of San Antonio and County of Bexar, although we retain the right to bring any suit, action, or proceeding against you for breach of the Hambisana SMS/Text Message Services in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

JURY TRIAL AND CLASS ACTION WAIVER

YOUR ACCEPTANCE OF THE HAMBISANA SMS/TEXT MESSAGE SERVICES INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THIS SECTION. REGARDLESS OF WHETHER COURT ACTION OR ARBITRATION IS INVOKED FOR ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE: (1) YOU AND WE WILL NOT HAVE THE RIGHT TO HAVE A JURY DECIDE THE CLAIM, AND (2) YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OTHER REPRESENTATIVE ACTION AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR SIMILAR PROCEEDING.

ARBITRATION

At Company’s sole discretion, it may require you to submit any disputes arising from the Hambisana SMS/Text Message Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE THE HAMBISANA SMS/TEXT MESSAGE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in the Hambisana SMS/Text Message Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Hambisana SMS/Text Message Services shall not constitute a waiver of such right or provision.

If any provision of the Hambisana SMS/Text Message Services is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Website Terms and Conditions will remain in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between our organization and individuals that grant consent for participating in our 10 DLC SMS/Text Messaging Services, for which you granted permission.

The Hambisana SMS/Text Message Services and our Privacy Policy constitute the sole and entire agreement between you and Hambisana regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

GENERAL

These Terms do not, and shall not be construed to, create any joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in the Hambisana SMS/Text Message Services are for reference purposes only and in no way define or limit the scope of the section. The failure of Hambisana to act or timely act with respect to a breach of the Hambisana SMS/Text Message Services by you or others does not constitute a waiver and will not limit Hambisana’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under the Hambisana SMS/Text Message Services without restriction. Any use of the term “including” or variations thereof in the Hambisana SMS/Text Message Services shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of the Hambisana SMS/Text Message Services and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Hambisana SMS/Text Message Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MICELLANEOUS

While Hambisana IT LLC does not charge for text messages you receive, your mobile service carrier/provider’s standard rates for text and data may apply. Contact your Carrier for information about your text and data plan. Standard message and data rates may apply. Message frequency varies on an as needed basis (For Example: some weeks may have no SMS correspondence, and some weeks may have a 10 or 20 SMS message correspondence).

YOUR COMMENTS AND CONCERNS

For questions or concerns regarding the Hambisana SMS/Text Message Services or our Privacy Policy, please contact Hambisana IT LLC by email at info@hambisana-it.com