MOVE UP MARKETING GROUP & MOVE UP MARKETING LLC – SMS MARKETING TERMS OF USE

Effective Date: May 1, 2025

NOTICE OF AGREEMENT AND LIABILITY WAIVER

By visiting our websites www.moveupmktg.com or www.moveupmktggp.com and/or by signing up to receive text messages, you acknowledge and agree to the following binding Terms of Use.

If you do not agree, do not use our website and do not sign up to receive SMS messages.

Your decision to sign up for SMS marketing communications constitutes a legal agreement between you (“You” or “User”) and Move Up Marketing Group and Move Up Marketing LLC (collectively referred to as “We,” “Us,” or “Our”).

Purpose of Agreement

By voluntarily providing your phone number and opting in to receive text messages, you acknowledge that:

  • You are entering into a contractual agreement with Move Up Marketing Group and Move Up Marketing LLC for the purpose of receiving marketing messages about products, services, and offers.
  • In exchange for joining our SMS program, you received or are eligible to receive a 10% discount on your marketing campaign or related services.
  • You understand that this exchange constitutes valid consideration under contract law, and your participation is voluntary and binding.

Consent to Receive Text Messages

By signing up, you expressly consent to receive recurring automated text messages (including SMS, MMS, and RCS) that may include:

  • Promotional or marketing offers
  • Campaign updates
  • Service reminders
  • Discounts, alerts, or limited-time opportunities

Messages may be sent using automated technology, artificial or prerecorded voice systems, or AI-assisted communication platforms.

You understand and agree that:

  • Consent is not required to purchase goods or services.
  • Message and data rates may apply.
  • Message frequency may vary.
  • You must be 18 years or older and a U.S. resident to participate.

Limitation of Liability

By using our website or participating in our SMS program, you agree that Move Up Marketing Group, Move Up Marketing LLC, our SMS provider:Twilio of whom we are a client, and all of their affiliates, officers, directors, agents, employees, and partners shall be completely free of any and all liability arising from, or related to:

  • The transmission, delay, or failure to receive messages,
  • Service interruptions, network errors, or carrier issues,
  • System malfunctions, acts of third parties, or unauthorized access,
  • Any claim, damage, or loss, direct or indirect, including lost profits or business opportunities,
  • And any cause beyond our reasonable control, including but not limited to Acts of God, natural disasters, fire, power outages, system failures, pandemics, or governmental actions.

This includes, without limitation, any claims based on negligence, breach of contract, or statutory duty.

You agree that Move Up Marketing Group and Move Up Marketing LLC shall not be responsible for any damages of any kind resulting from participation in the SMS program or use of our website.

Your sole remedy, if dissatisfied, is to discontinue participation and opt out of messages.

Opt-Out Instructions

You may unsubscribe from SMS messages at any time by replying to any message with one of the following keywords:
STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT.

After sending your opt-out request, you will receive one confirmation message verifying that your request has been processed.

Please note: If you are subscribed to multiple programs, you must opt out separately from each.

Eligibility and Responsibility

By enrolling in our SMS program, you affirm that:

  • You are the current authorized user of the phone number provided;
  • You will immediately notify us if your number changes, is reassigned, or is no longer in your control;
  • You agree not to initiate or forward messages to another person without their consent.

Failure to update your contact information or opt out properly may result in continued communications, for which you release and indemnify Move Up Marketing Group and Move Up Marketing LLC and Linda Jordan the owner and Twilio: our service provider of whom we are not related to but are a client of, of all liability.

No Warranty or Guarantee

All SMS services are provided “as is” and “as available.”
We make no warranties or representations, express or implied, regarding the timeliness, reliability, or accuracy of message delivery.
No advice, information, or communication, whether written or oral, shall create any warranty not expressly stated herein.

Arbitration and Dispute Resolution

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to this Agreement, your use of our website, or participation in our SMS programs shall be resolved exclusively by binding arbitration conducted by a neutral arbitrator under the Federal Arbitration Act.

You waive all rights to trial by jury and agree that no class actions or collective proceedings shall be permitted.

This arbitration agreement is final, binding, and enforceable.

Indemnification

You agree to indemnify, defend, and hold harmless Move Up Marketing Group, Move Up Marketing LLC, and all affiliates from any claim, loss, liability, cost, or damage (including attorney fees) arising out of or related to:

  • Your participation in the SMS program,
  • Your breach of this Agreement,
  • Any unauthorized or improper use of our services, or
  • Your failure to provide accurate contact information or complete the opt-out process.

Modification and Updates

Move Up Marketing Group and Move Up Marketing LLC reserve the right to update or modify these Terms at any time. Updates will be posted on our official websites:

Your continued use of our website or participation in our SMS program constitutes acceptance of the revised Terms.

Contact Information

For questions or concerns related to SMS communications or these Terms:
📧 clients@moveupmktggp.com
🌐 www.moveupmktg.com

By signing up for our SMS messages, you confirm that you have read, understood, and agreed to these Terms of Use in full.
If you do not agree, do not sign up, do not use our website, and do not provide your contact information.

 

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Pop up Form

By submitting this form, I expressly agree to Move Up Marketing Group, Move Up Marketing LLC, and it’s owner and service provider directly or by third parties acting on its behalf, sending promotional & marketing messages (e.g. service, product, discount offers or payment reminders) - including texts or calls using automated means (including for the selection or dialing of a telephone #) or pre-recorded or artificial voice messages - to the mobile number # I provided and to the Mobile Terms (which include an arbitration provision to resolve disputes). I confirm I am the owner of the mobile # number provided, and understand consent is not a condition of purchase. I confirm I am a US resident of 18 years or older and (1) agree to DBA Move Up Marketing Group and Move Up Marketing LLC’s Terms of Use (which includes an arbitration provision) and Marketing Disclosure ; and (2) have read and acknowledge Move Up Marketing Group's Privacy Notice and Notice of Financial Incentives. (3) I understand that this is an agreement where I receive discount offers in exchange for allowing Move Up Marketing Group, Move Up Marketing LLC, it's owner and service provider to send me both email and SMS messages, and that once I submit this form, I am in full agreement and release all parties involved from all liability in full or I will not use this website or services. 
 Msg frequency varies. Msg & Data Rates May Apply. Text HELP for help and STOP to cancel. Privacy Policy Notice of Financial Incentives.