top of page

Pozee Messaging Terms and Conditions

Welcome to Pozee’s mobile messaging program (the “Program”). By participating in the Program, you agree to comply with these Messaging Terms and Conditions, which govern your use of our text messaging services. These Terms are supplemental to our Messaging Privacy Policy and Primary Privacy Policy. Please read carefully as they include important details about your rights, obligations, and the rules governing your participation in the Program.

​

Currently, our messaging program is limited to the US and Canada.  As we roll out capabilities to other international communities, we will update these Terms and Conditions where appropriate.

Updates to the Messaging Terms and Conditions

We may update these terms and conditions periodically to reflect changes in our practices or to comply with legal requirements. If material changes are made, we will notify you as required by applicable laws. By continuing to participate in the messaging program after updates take effect, you agree to the revised policy.

​

Last updated 01/15/2025

Agreement to Terms

By opting into the Program, you:

  • Accept these Terms and Conditions, including mandatory Dispute Resolution through binding arbitration.

  • Confirm your genuine interest in receiving text messages about discounts, promotions, and updates from Pozee. If your intent is to bring legal claims against us, you must unsubscribe immediately using the instructions in Section 2.

  • Agree that this Agreement does not modify other applicable terms, including Pozee’s Privacy Policy and Terms of Service.

Opting Into the Program

a. Consent to Receive Messages

 

By joining the Program, you consent to receive recurring automated text messages (SMS/MMS) at the mobile number you provide.
These may include:

  • Promotional messages (e.g., discounts and offers).

  • Personalized reminders (e.g., cart notifications).

  • Transactional updates (e.g., order confirmations, tracking information).

​

By providing your phone number, you represent and warrant that you are the legally authorized owner or user of that number. Consent is not required as a condition of any purchase. Message frequency varies, and message/data rates may apply depending on your carrier.

​

b. Electronic Consent

​

You consent to receive electronic records of agreements, disclosures, and other communications. To withdraw consent, update your information, or request paper copies, email us at pozeeSupport@motivate-you.com.

​

c. Fraud Prevention

 

You authorize Pozee and its service providers to use information about your account and wireless device to detect and prevent fraud. Refer to our Messaging Privacy Policy for further details.

Opting Out of the Program

To stop receiving messages, reply with one of the following keywords to any message: STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT. You will receive a confirmation of your opt-out request.

​

  • Other requests (e.g., misspellings or added words) may not be processed.

  • Opt-outs submitted via methods outside of the listed keywords (e.g., verbal requests) may not be valid.

​​

For additional guidance, contact pozeeSupport@motivate-you.com.

Program Overview

The Program allows you to receive:

​

  • Marketing and promotional messages.

  • Transactional updates (e.g., order confirmations and shipping notifications).

  • Customer support notifications.

​​

Messages may also include personalized content generated using third-party AI services based on your preferences. These third parties are not responsible for the messages you receive.

Message Frequency, Costs, and Changes

  • Frequency: Message volume may vary based on the Program and your interactions.

  • Costs: Standard messaging and data rates apply.

  • Changes: We reserve the right to adjust the frequency, content, or short code or phone number from which Our messages are sent.

Supported Devices and Networks

The Program is available on an “as-is” basis. The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

​

  • Not all devices or regions are supported.

  • Delivery is dependent on your carrier’s network. Pozee is not responsible for delays or undelivered messages.

Customer Support

For assistance:
​


Opt-out requests cannot be processed via the above email address. Use the opt-out methods described in Section 3.

Prohibited Content

By using the Program, you agree not to transmit:
 

  • Fraudulent, threatening, racial or defamatory content.

  • Objectionable material (e.g., profanity, discrimination, or hate speech).

  • Pirated software, viruses, or harmful code.

​​

Content violating applicable laws or referencing protected health information under Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act), and any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

State and Federal Telemarketing Laws

Pozee endeavors to complies with federal and state telemarketing laws, including the Telephone Consumer Protection Act (TCPA) and relevant state regulations. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an area code associated with that state.
 

You also agree you will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us.
 

Messages sent in response to your requests (e.g., opt-in confirmations or shipping updates) do not constitute “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing” for purposes of these state laws, to the extent the law is otherwise relevant and applicable.

Age Restrictions

  • You must be 13 years or older to participate in the Program.

  • If you are between 13 and 18 years, parental or guardian consent is required.

  • By participating, you confirm you meet these age requirements, or have your parent's or legal guardian's permission to use or engage with the Program, or are of adult age in your jurisdiction.

Dispute Resolution and Arbitration

a. Binding Arbitration
 

Any dispute or claim related to the Program will be resolved through binding arbitration before a neutral arbitrator. Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.


By participating, you waive your rights to:

  • A jury trial.

  • Participation in a class or collective action, or appellate review.


b. Mandatory Informal Dispute Resolution

Before arbitration, both parties must attempt to resolve disputes informally by:

  • Sending a written notice detailing the dispute.

  • Engaging in good-faith negotiations for up to 60 days.


c. Arbitration Process

  • Arbitrations are governed by the Federal Arbitration Act (FAA).

  • The arbitrator may award any relief available in court, but their decision is final and binding.

  • Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may affect how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.

  • Please note, you are required to pay is New Era's consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by the awardee. You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney's fees is warranted under applicable law.

  • If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.

  • Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Pozee's principle place of business is located, without regard to its conflict of laws rules.


d. Opt-Out of Future Arbitration Changes

  • You may reject future changes to this arbitration agreement by notifying us in writing within 30 days of such changes.

Do Not Call Policy

Pozee adheres to the federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing, and maintains an Internal Do Not Call List.

  • To be added to this list, reply with one of the opt-out keywords (see Section 3) or email pozeeSupport@motivate-you.com with your phone number.

  • Once added, your number will remain on this list indefinitely unless you provide express consent to rejoin.

Miscellaneous

  • Modification of Terms: We may update these Terms, and changes will take effect immediately upon publishing. Continued participation constitutes your acceptance of the revised Terms.

  • Severability: If any provision is deemed invalid, the remaining provisions remain enforceable.

Contact Information

  • If you have questions or need assistance, reach us at:

    Email: pozeeSupport@motivate-you.com
    Mail: Pozee Support, 472 Meeting St., STE C189, Charleston, SC 29403

bottom of page