Terms of Service: SMS/MMS Mobile Message Marketing Program

Overview NYNINCH (“We,” “Us,” “Our”) provides a mobile messaging program (“Program”), governed by these Terms and Conditions alongside Our Privacy Policy. By enrolling in or participating in the Program, you agree to these terms, including the resolution of disputes through binding, individual-only arbitration as outlined in the "Dispute Resolution" section. These terms are exclusive to the Program and do not alter other agreements with NYNINCH.

User Opt-In By opting into the Program through forms or other enrollment methods, you consent to receive SMS/MMS marketing messages. Consent is not required for purchases. Messages may be sent using autodialing technology, though not all are autodialed. Standard message and data rates apply, and frequency may vary.

User Opt-Out To stop receiving messages, reply with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Additional confirmation messages may follow. Requests with variations or additional wording may not be processed. Non-standard opt-out methods, such as verbal requests, are not valid.

Program Details Participants can expect marketing messages related to promotions, sales, payments, and deliveries, along with service-related updates (e.g., order notifications). Message frequency varies.

Cost and Frequency Message and data rates apply. Message frequency depends on your interaction with the Program.

Support For assistance, reply “HELP” or email support@nyninch.com. Email cannot be used to opt-out.

MMS Disclosure SMS messages will replace MMS if your device does not support multimedia messaging.

Disclaimer of Warranty The Program is provided “as-is” and may not always be available. We are not liable for delays or delivery failures caused by third-party systems.

Participant Requirements Participants need a text-enabled wireless device, a supported carrier, and an active messaging service. Not all carriers support the Program.

Age Restriction Participants must be at least 13 years old. Those aged 13-18 require parental or guardian consent. By participating, you confirm compliance with applicable age and jurisdictional laws.

Prohibited Content Participants must not transmit:

• Fraudulent, harassing, or defamatory content;
• Offensive material based on protected characteristics;
• Harmful software (e.g., viruses);
• Illegal goods or promotions;
• Content containing protected health information under HIPAA;
• Any content restricted by applicable laws.

Dispute Resolution Disputes will be resolved through binding arbitration in Chatsworth, CA, under AAA rules. Arbitration will be conducted individually and not as part of a class action. Parties share arbitration costs unless otherwise directed. This arbitration clause survives the termination of Program participation.

Compliance with Florida Law We adhere to Florida telemarketing laws. Assumptions about residency are based on the provided shipping address or phone area code. Mobile responses to user-initiated messages do not qualify as telephonic sales under Florida statutes.

Miscellaneous Participants confirm their authority to accept these terms. If any provision is unenforceable, the remainder remains valid. Updates to the Program or Agreement will be communicated, and continued participation constitutes acceptance of changes.

Contact Information For questions, contact us at support@nyninch.com.