Ponna.com Messaging Terms & Conditions

Effective Date: October 06, 2020

This SMS message program is a service of Ponna.com.

By providing your cell phone number, you agree to receive recurring

automated promotional and personalized marketing text messages (e.g.,

SMS/MMS cart reminders, sale notices, etc) from Ponna.com.

These messages include text messages that may be sent using an

automatic telephone dialing system, to the mobile telephone number you

provided when signing up or any other number that you designate. You

give Ponna.com permission to send text

messages to the enrolled cell phone number through your wireless phone

carrier, unless and until you end permission per these Terms &

Conditions. Consent to receive automated marketing text messages is not a

condition of any purchase. Message & data rates may apply.

Message frequency may vary. Ponna.com

reserves the right to alter the frequency of messages sent at any time,

so as to increase or decrease the total number of sent messages. Ponna.com

also reserves the right to change the short code or phone number from

which messages are sent and we will notify you if we do so.

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

By enrolling in the Ponna.com messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Ponna.com Terms of Use and Ponna.com Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or

QUIT to the telephone number, long code, or short code that sends you

our initial confirmation message to cancel. After texting STOP, STOPALL,

END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or

short code that sends you our initial confirmation message you will

receive one additional message confirming that your request has been

processed. If you change your preferences, it may take up to 48 hours

for it to take effect. You acknowledge that our text message platform

may not recognize and respond to unsubscribe requests that do not

include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword

commands and agree that Ponna.com and its

service providers will have no liability for failing to honor such

requests. If you unsubscribe from one of our text message programs, you

may continue to receive text messages from Ponna.com through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code,

or short code that sends you our initial confirmation message to receive

a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU

ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS

IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Ponna.com OR ANY PARTY ACTING ON BEHALF OF Ponna.com

BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,

DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF

THE AMOUNT YOU PAID TO Ponna.com HEREUNDER OR

$100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,

INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Ponna.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Ponna.com MESSAGING PROGRAM. Ponna.com

AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF

THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN

THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allow

ed by applicable law, you agree to indemnify, defend and hold harmless Ponna.com,

its directors, officers, employees, servants, agents, representatives,

independent contractors and affiliates from and against any and all

claims, damages, liabilities, actions, causes of action, costs,

expenses, including reasonable attorneys’ fees, judgments or penalties

of any kind or nature arising from or in relation to the these Messaging

Terms or your receipt of text messages from Ponna.com or its service providers.

Dispute Resolution

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Ponna.com

or its service providers whether based in contract, tort, statute,

fraud, misrepresentation, or any other legal theory, and regardless of

when a dispute or claim arises will be resolved by binding arbitration.

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU

AND Ponna.com ARE EACH WAIVING THE RIGHT TO A

TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE

MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.

Exceptions.

Notwithstanding subsection (a) above, nothing in these Messaging Terms

will be deemed to waive, preclude, or otherwise limit the right of you

or Ponna.com to: (i) bring an individual

action in small claims court; (ii) pursue an enforcement action through

the applicable federal, state, or local agency if that action is

available; (iii) seek injunctive relief in aid of arbitration from a

court of competent jurisdiction; or (iv) file suit in a court of law to

address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and Ponna.com

will be governed by the JAMS, under the Optional Expedited Arbitration

Procedures then in effect for JAMS, except as provided herein. JAMS may

be contacted at www.jamsadr.com. The arbitrator has exclusive authority

to resolve any dispute relating to the interpretation, applicability, or

enforceability of this binding arbitration agreement.

No Class Actions. YOU AND Ponna.com

AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you

and Ponna.com agree otherwise in a signed

writing, the arbitrator may not consolidate more than one person's

claims, and may not otherwise preside over any form of a representative

or class proceeding. You agree that, by agreeing to these Messaging

Terms, you and Ponna.com are each waiving the

right to a trial by jury or to participate in a class action, collective

action, private attorney general action, or other representative

proceeding of any kind.

No Class Actions. YOU AND Ponna.com

AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you

and Ponna.com agree otherwise

in a signed writing, the arbitrator may not consolidate more than one

person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Ponna.com

makes any future change to this arbitration provision, you may reject

the change by sending us written notice within 30 days of the change to Ponna.com’s

contact information provided in the “Contact Us” section below, in

which case this arbitration provision, as in effect immediately prior to

the changes you rejected, will continue to govern any disputes between

you and Ponna.com.

Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the

applicable provision shall be deemed stricken and the remainder of these

Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or

cancel the messaging program at any time. By using and accepting

messages from Ponna.com after we make changes

to the Messaging Terms, you are accepting the Messaging Terms with those

changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any

additional agreements you may enter into with us in connection

herewith, will constitute the entire agreement between you and Ponna.com concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at support (at) highlevelmentor.com or write to us at: 1239 Main ST E, Hamilton, ON, Canada.