SECTION 8 - AGE OF CONSENT:
By using this site, you affirm that you are at least the age of majority in your state or province of residence. Alternatively, if you are the age of majority and have dependent minors, you consent to their use of this site under your supervision.
### **SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS****Fiducia Collections** (referred to as “We,” “Us,” or “Our”) offers a mobile messaging program (the “Program”), which you agree to participate in under these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting into or engaging with our Program, you acknowledge and accept these terms, including the requirement to resolve any disputes through binding, individual arbitration as detailed in the “Dispute Resolution” section. This Agreement applies solely to the Program and does not modify any other terms, conditions, or policies governing your relationship with Us in other contexts.
#### **User Opt-In**The Program allows users to receive SMS/MMS marketing and support messages by actively opting in through various enrollment forms (online or application-based). Regardless of the method used to opt into the Program, this Agreement governs your participation. By opting in, you agree to receive marketing and support messages, including cart abandonment notifications, sent via autodialed or prerecorded means to the phone number provided. Consent to receive such messages is not a condition for purchasing from Us. While some messages may be sent using an autodialer, this does not imply that all messages are sent this way. Message and data rates may apply. If your carrier does not support SMS/MMS messaging, you may not receive messages. We and the wireless carriers (e.g., T-Mobile) are not liable for delays or delivery failures.
#### **User Opt-Out**If you wish to discontinue participation in the Program or no longer agree with this Agreement, you must reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt-out. You may receive a final confirmation message. These are the only reasonable methods of opting out. Any other attempts, including verbal requests or sending other text commands, will not be considered valid opt-out methods.
#### **Duty to Notify and Indemnify**If you plan to stop using the mobile number associated with the Program, you agree to complete the User Opt-Out process before discontinuing the use of that number. Failing to notify Us of changes to your number makes you responsible for any costs (including attorney fees) or liabilities incurred by Us or third parties attempting to contact you at that number. This obligation survives the termination of your participation in the Program.You agree to indemnify, defend, and hold Us harmless from any claims or liabilities arising from your failure to notify Us of a change in your information, including any claims under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar laws.
#### **Program Description**The Program offers users who opt in the opportunity to receive messages about marketing, support, and the sale of fashion merchandise. Data collected may include your cell phone number, your service provider’s name, and the date, time, and content of your messages.
#### **Cost and Frequency**Message and data rates may apply. The Program includes recurring mobile messages, with additional messages sent based on your interactions. Check your carrier’s pricing plan for data and messaging rates.
#### **Support Instructions**For assistance with the Program, text “HELP” to the number you received messages from or email us at fiduciacollections@gmail.com. Note: This email is not a valid method to opt out of the Program; opt-outs must follow the procedures outlined above.
#### **MMS Disclosure**If your device does not support MMS messaging, the Program will send SMS TMs (terminating messages) instead.
#### **Disclaimer of Warranty**The Program is offered on an "as-is" basis and may not be available in all areas at all times. The Program may not function if there are product, software, coverage, or other changes made by your wireless carrier. Neither We nor the carriers are responsible for delays or failures in message delivery, as delivery depends on the effective transmission from your wireless carrier and is beyond Our control. T-Mobile is not liable for delayed or undelivered messages.
#### **Participant Requirements**You must have a compatible wireless device, be a subscriber with text messaging service, and use a participating carrier. Not all cellular providers support the necessary services to participate. Check your device’s capabilities for specific instructions.
#### **Age Restriction**You may not use the Platform if you are under 13 years of age. If you are between 13 and 18 years old, you must have parental or legal guardian permission. By using the Platform, you confirm that you are not under 13, have permission if between 13 and 18, or are of adult age in your jurisdiction. You also confirm that your use complies with applicable laws.
#### **Prohibited Content**You agree not to send prohibited content through the Platform, including:- Fraudulent, defamatory, or harassing activities;- Objectionable content such as profanity, violence, or discrimination;- Harmful code like viruses or Trojan horses;- Unlawful promotions or content;- Personal health information protected under HIPAA or HITEC Act;- Any other content prohibited by applicable law.
#### **Dispute Resolution**In the event of any dispute, claim, or controversy between you and Us, or between you and any third-party service provider acting on our behalf, the matter will be resolved by binding arbitration in Los Angeles, CA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will apply the laws of the Federal Judicial Circuit where Our principal place of business is located. Each party bears its own arbitration fees unless the arbitrator orders otherwise. The arbitrator has no authority to award punitive damages, and arbitration is on an individual basis only. Confidentiality applies unless otherwise required by law. This arbitration clause survives the termination of your participation in the Program.
#### **Miscellaneous**You warrant that you have the necessary authority to agree to these Terms. Failure to exercise any right does not constitute a waiver of further rights. If any provision is deemed unenforceable, it will be limited or eliminated to the extent necessary for the Agreement to remain in effect. Any changes, updates, or improvements to the Program are subject to this Agreement unless stated otherwise. We may modify this Agreement, and you are responsible for reviewing it periodically. Continued participation after any changes means you accept the modified Agreement.