Terms and Conditions
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- Terms and Conditions
Thank you for your interest in these Terms and Conditions (these “Terms”). These Terms constitute a legal agreement between you and MSS Land Investors governing the use of our website.
- ABOUT US
1.1. We are MSS Land Investors LLC, 720 N Commerce St. Unit #936 Ardmore, OK. 73401, USA (“MSS Land Investors“, “we”, “us”, or “our”).
1.2. We operate www.msslandinvestors.com (our “website”),
1.3. To contact us, please use shawn@msslandinvestors.com, call (580) 258-1008, use our Contact Form or write to us at the above address.
1.4. These Terms were last updated on Friday, February 9th, 2024, and are the current and valid version.
1.5. The following additional terms apply to your use of our website and Services and form part of these Terms:
1.5.1. Our Privacy Policy;
1.5.2. Our Cookie Policy; and
1.5.3. Our Service Agreement, if you are using our Services.
1.6. The name MSS Land Investors as well as related names, marks, emblems and images are the copyright of MSS Land Investors. All Rights Reserved © 2024 MSS Land Investors
- GENERAL
2.1. By using this website you are deemed to accept the following Terms (“this website” means the whole or any part of the web pages located at www.msslandinvestors.com, and include the layout of this website; individual elements of this website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of this website) operated by MSS Land Investors.
2.2. As you browse through this website you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.
2.3. MSS Land Investors may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of this website after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these terms from time to time for changes.
- USER RIGHTS AND INTELLECTUAL PROPERTY RIGHTS
3.1. This website is our copyright property. All rights are reserved.
3.2. You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
3.2. 1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
3.2. 2. commercialize any information, products or services obtained from any part of this website;
3.2. 3. without our written permission.
3.3. All rights in this website and the content on this website including copyright, design rights, source codes and any other intellectual property rights in any of the foregoing are reserved to MSS Land Investors and/or their content and technology providers.
3.4. All trade names, service marks and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.
3.5. Nothing contained on the website should be construed as granting any license or right of use of any other person’s or entity’s intellectual property which is displayed on this website without their express permission.
3.6. You may not remove, change or obscure the MSS Land Investors logo or any notices of proprietary rights on any content of this website.
- MOBILE MESSAGING TERMS
4.1. TEXT MARKETING. By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages from MSS Land Investors at the cell number used when contacting or contracting with us. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.
4.2. MSS Land Investors is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts.
4.3. USER OPT IN: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
4.4. USER OPT OUT: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
4.5. DUTY TO NOTIFY AND INDEMNIFY: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
4.6. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
4.7. PROGRAM DESCRIPTION: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of property.
4.8. COST AND FREQUENCY: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
4.9. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at shawn@msslandinvestors.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
4.10. MMS DISCLOSURE: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
4.11. OUR DISCLAIMER OF WARRANTY: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
4.12. PARTICIPANT REQUIREMENTS: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
4.13. DISPUTE RESOLUTION: In the event that there is a dispute, claim, or controversy between you and us, or between you and MSS Land Investors or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Ardmore, OK before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in Ardmore, OK, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
4.14. MISCELLANEOUS: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
- LINKS
5.1. This website may contain links to other websites solely for your convenience only and may not remain current or be maintained. MSS Land Investors does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.
5.2. You may not link the homepage or any other parts of this website without prior written consent from MSS Land Investors.
5.3. Your use of any link to a linked website is entirely at your own risk.
5.4. Unless stated otherwise on this website, MSS Land Investors has:
5.4.1. no relationship with the owners or operators of those linked website; and
5.4.2. no control over or rights in those linked websites.
- PRIVACY
These terms and conditions incorporate, and should be read together with, the MSS Land Investors Privacy Policy and Cookie Policy. We will use only the personal data which you submit to us via the website in accordance with our Privacy Policy.
- UPLOADING AND PROVIDING INFORMATION
7.1. You irrevocably and unconditionally represent and warrant that any of your information uploaded to our website and services including in our forms complies with our Privacy Policy, and any other applicable laws.
7.2. You are fully responsible for your information uploaded to our website and services. We will not be responsible, or liable to any third party, for:
7.2.1. the information or accuracy of any information or data uploaded by you, by us on your behalf, or any other user of our website; or
7.2.1. the loss of any information or data provided to us by you. You should keep a record of all such information and data.
7.3. We will only use the information uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the information uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.4. We may use the information uploaded by you for the purpose of data analytics. Any such information shall be anonymised and used only for the purposes of improving the Services and our response to users of the website.
7.5. We have the right to disclose your identity to any third party claiming that any information posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
- PROHIBITED USE
8.1. You may use our website only for lawful purposes. You may not use our website:
8.1.1. in any way that breaches any applicable local or international laws or regulations;
8.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
8.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2. You also agree:
8.2.1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
8.2.2. not to access without authority, interfere with, damage or disrupt:
8.2.3. any part of our website;
8.2.4. any equipment or network on which our website is stored;
8.2.5. any software used in the provision of our website; or
8.2.6. any equipment or network or software owned or used by any third party.
- LIMITATION OF LIABILITY
9.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any related content. You expressly agree that your use of the Services and our website is at your sole risk.
9.2. You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.
9.3. Nothing in these terms and conditions shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
9.4. These terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- OTHER IMPORTANT TERMS
10.1. We may transfer our rights and obligations under these terms and conditions to another organization, but this will not affect your rights or obligations under these terms and conditions.
10.2. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
10.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these terms and conditions.
10.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions or any document expressly referred to in it.
10.5. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6. Each of the conditions of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the state of Oklahoma. In the event of any such disputes or claims in connection with these terms and conditions, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Ardmore, OK.