Terms of service

Messaging Terms & Conditions

These Messaging Terms & Conditions (“T&Cs”) apply when you sign up for one or more text message programs by submitting your telephone number and agreeing to receive text messages from or on behalf of Quicksilver Scientific, Inc. (collectively “Quicksilver,” “we,” “us”).

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

By opting in to a text message program, you expressly consent to receive automated promotional and personalized text messages (SMS, MMS, and RCS) from Quicksilver, which may utilize an automated system, an automatic telephone dialing system, and / or other software, systems, and machines.  Further, your express consent applies regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

You also agree to our Privacy Policy and we will handle your telephone number in accordance with the Privacy Policy.

Programs

By opting in to Quicksilver’s text message program you agree to receive messages from the number 1 (844) 620-9142 in connection with the following programs.  Text message frequency will vary.

Carriers are not liable for delayed or undelivered messages. Sweepstakes messages may include entry confirmation, contest alerts, and winner announcements.

Order Notifications 

You will receive messages regarding your orders, which may include order status and delivery.

Marketing 

You will receive recurring marketing, promotional, advertising, information, and other similar messages regarding your cart, orders, products, promotions, and other offers.   

Not all mobile devices may be supported and our messages may not be deliverable in all areas.  Quicksilver, its service providers, and the mobile carriers are not liable for delayed or undelivered messages. 

Cancellation and Assistance

If at any time you would like to unsubscribe from text messages you may reply "STOP" to the communication. You may receive an additional text message confirming your decision to opt out.  If at any time you need assistance with the text message reply "HELP" to the communication, or by contacting us by telephone or email at:

Telephone: 303-531-0861 

Email:support@quicksilverscientific.com 

Arbitration

Any claim, dispute, or controversy ("Claim") between you and Quicksilver arising out of or relating in any way to these T&Cs, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR QUICKSILVER WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR QUICKSILVER WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Quicksilver will pay the initial filing fee to commence the arbitration.

You and Quicksilver will have every remedy available in arbitration as you and Quicksilver would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of these T&Cs shall be made finally and exclusively by the arbitrator.  The arbitrator's award will be binding and final.  Judgment on the arbitration award may be entered in any court having jurisdiction.  

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of these T&Cs; and (ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT CONSENT TO THE PROGRAMS OF THESE T&Cs.

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