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Maple54
Legal · 10DLC Compliant · TCPA · CCPA

Terms And Conditions

These Terms and Conditions constitute a legally binding agreement governing your access to and use of our website, services, and communication programs.

TCPA Compliant
10DLC Registered
CCPA/CPRA
Effective Date: 03/10/2025Last Updated: 03/01/2026

Maple54, LLC ("Company," "we," "us," or "our") operates the website located at Maple54, LLC and all associated subdomains, landing pages, lead capture forms, and digital communication programs. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Maple54, LLC governing your access to and use of our website, services, SMS/MMS text messaging programs, email communications, and all other interactions you have with our company through any channel.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SUBMITTING ANY INFORMATION THROUGH OUR FORMS. BY ACCESSING OUR WEBSITE, SUBMITTING A FORM, OR OPTING IN TO ANY OF OUR COMMUNICATION PROGRAMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.

If you do not agree to these Terms, you must immediately discontinue your use of our website and refrain from submitting any information to us.

1. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

"Company" refers to Maple54, LLC, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns.

"User," "You," or "Your" refers to any individual who accesses our website, submits information through our forms, opts in to our communication programs, or engages with our services in any capacity.

"Website" refers to www.maple54.com and all associated pages, subdomains, landing pages, and digital properties operated by Maple54, LLC.

"Services" refers to all services offered, described, or promoted by Maple54, LLC, including but not limited to marketing services, transactional services, digital marketing, consulting, Real Estate Services, mortgage Services, financial Services, etc.

"SMS Program" refers to our Application-to-Person (A2P) 10DLC-registered text messaging communication programs through which we send SMS and MMS messages to opted-in users.

"10DLC" refers to 10-Digit Long Code, the industry-standard framework for business-to-consumer A2P SMS messaging in the United States, governed by The Campaign Registry (TCR) and administered through registered wireless carriers.

"Opt-In" refers to the affirmative act of providing consent to receive communications from us, whether through a website form checkbox, keyword text message, verbal agreement, or paper form.

"Opt-Out" refers to the act of withdrawing consent to receive communications from us, whether through replying STOP to an SMS, clicking unsubscribe in an email, or submitting a direct request.

"Affiliate Partner" refers to any third-party business, service provider, lender, agent, vendor, or organization with which Maple54, LLC maintains a referral, commission, or cooperative marketing relationship.

"Personal Information" refers to any information that identifies or could reasonably be used to identify a specific individual, including but not limited to name, phone number, email address, mailing address, and financial information.

"Content" refers to all text, images, graphics, videos, documents, data, code, and other materials published on or through our website and communications.

2. ACCEPTANCE OF TERMS

2.1 Agreement to Terms

By accessing or using our website, submitting any form, providing your contact information, opting into any communication program, or engaging with our services in any way, you represent and warrant that:

  • You are at least eighteen (18) years of age
  • You have the legal capacity to enter into a binding agreement
  • You have read, understood, and agree to be bound by these Terms in their entirety
  • You agree to comply with all applicable local, state, federal, and international laws and regulations
  • The information you provide to us is accurate, current, and complete

2.2 Modifications to Terms

Maple54, LLC reserves the right to update, modify, or revise these Terms and Conditions at any time and at our sole discretion. When material changes are made, we will update the "Last Updated" date at the top of this document. For significant changes, we may also notify you via email or a prominent website notice. Your continued use of our website or services following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2.3 Additional Policies

These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference and forms part of this agreement. In the event of any conflict between these Terms and our Privacy Policy regarding data privacy matters, the Privacy Policy shall govern.

3. SMS / MMS TEXT MESSAGING TERMS — 10DLC COMPLIANT PROGRAM

3.1 Program Overview and 10DLC Registration

Maple54, LLC operates fully registered and compliant Application-to-Person (A2P) SMS and MMS messaging programs under the 10-Digit Long Code (10DLC) framework. Our messaging programs are:

  • Registered with The Campaign Registry (TCR) under our verified and approved business brand
  • Compliant with all CTIA Messaging Principles and Best Practices (current edition)
  • Compliant with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all regulations promulgated thereunder by the Federal Communications Commission (FCC)
  • Operated exclusively through registered 10DLC phone numbers assigned to our specific approved campaign use cases
  • Subject to continuous monitoring for message quality, deliverability, opt-out compliance, and carrier policy adherence

Maple54, LLC maintains 100% compliance with all 10DLC registration, operational, and reporting requirements established by The Campaign Registry, CTIA, and participating wireless carriers. We do not operate any unregistered or non-compliant SMS messaging programs.

3.2 Consent to Receive SMS Messages — How You Opt In

Your participation in our SMS messaging program is entirely voluntary and requires your explicit, affirmative, prior written consent. Consent is collected through the following methods:

Website Form Opt-In: When you complete a contact form, lead form, inquiry form, consultation request form, or any other submission form on our website at Maple54, LLC, you will encounter a clearly visible, unchecked SMS consent checkbox positioned before the submit button. You must affirmatively check this box in order to consent to receive SMS messages. The checkbox is never pre-checked. You may not submit the form without making an active choice regarding this checkbox. The consent language reads:

"By checking this box, I consent to receive recurring automated SMS/MMS text messages from Maple54, LLC at the mobile phone number I have provided above. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase or receipt of services. Reply STOP to unsubscribe at any time, HELP for help."

Keyword / Text-In Opt-In: You may opt in by texting an opt-in keyword (such as START, JOIN, or another designated keyword) to 858-808-1221. Doing so constitutes your explicit consent to receive SMS messages from us. You will receive an opt-in confirmation message upon enrollment.

Verbal Consent: In the context of a phone consultation, in-person meeting, or other direct interaction with a member of our team, you may provide verbal consent to receive SMS messages. Our team members are trained to clearly describe the SMS program, its frequency, your ability to opt out, and applicable disclosures before obtaining verbal consent. A record of verbal consent, including date, time, and the nature of the consent, is retained in our systems.

Paper Form Opt-In: Where applicable, such as in-person intake forms or application documents, a written consent field for SMS communications is included. Your signature or initials on that field constitutes your opt-in consent.

3.3 Consent is Not a Condition of Purchase

Your consent to receive SMS and MMS messages from Maple54, LLC is entirely optional and is never a condition of purchasing, receiving, or being eligible for any of our products or services. Refusing to opt in to our SMS program will not affect your eligibility for or access to our services in any way.

3.4 Types of SMS Messages You May Receive

After opting in to our SMS program, you may receive automated, recurring, and/or manually sent SMS/MMS messages from Maple54, LLC related to, but not limited to, the following:

  • Confirmation messages acknowledging your form submission, inquiry, or contact request
  • Appointment reminders, scheduling confirmations, and rescheduling notifications
  • Follow-up communications from our team members regarding your inquiry or service request
  • Application or process status updates and next step notifications
  • Promotional and marketing messages about our services, current offers, special programs, and industry news (for marketing-enrolled users)
  • Customer service and support responses to your inquiries
  • Account or service engagement notifications
  • Event invitations, webinar reminders, or educational content related to our industry
  • Compliance-required notifications or important service updates

All SMS messages sent by Maple54, LLC will clearly identify us as the sender in the message body or sender ID. No message will be sent from our registered numbers on behalf of a third party.

3.5 Message Frequency Disclosure

Message frequency varies depending on the nature of your inquiry, the type of program you have enrolled in, and the stage of your service engagement with us. For transactional programs such as appointment reminders or application status updates, messages are sent only as triggered by relevant events. We will always honor your opt-out request immediately and will never send messages after a valid opt-out has been processed.

3.6 Message and Data Rates

Standard message and data rates may apply to all SMS and MMS messages sent to and received from Maple54, LLC. These charges are determined solely by your wireless service provider and the terms of your individual mobile service plan. Maple54, LLC does not impose any charge, fee, or subscription cost for participation in our SMS program. We recommend contacting your wireless carrier if you are unsure about the messaging rates applicable to your plan.

3.7 How to Opt Out of SMS Communications

You have the absolute right to opt out of our SMS program at any time using any of the following methods:

  • Text STOP: Reply STOP to any SMS message you receive from us. Your opt-out will be processed immediately and you will receive a single confirmation message acknowledging your request. No further SMS messages will be sent to your number.
  • Text QUIT, CANCEL, UNSUBSCRIBE, or END: These standard opt-out keywords are also recognized and will process your opt-out in the same manner as STOP.
  • Direct Contact: Contact us via email at info@maple54.com or by phone at 858-808-1221 to request removal from our SMS list.
  • Website Form: Submit an opt-out request through our website contact form.

Opt-out requests submitted via keyword reply are processed in real time. All other opt-out requests are processed within one (1) business day. Maple54, LLC retains a permanent record of all opt-outs to ensure compliance and prevent inadvertent re-enrollment.

3.8 How to Get Help

If you have any questions, concerns, or need assistance related to our SMS program, you may:

  • Text HELP: Reply HELP to any SMS message you receive from us. You will receive an automated response with our contact information and support options.
  • Email us: info@maple54.com
  • Call us: 858-808-1221
  • Visit our website: www.maple54.com

3.9 Opt-In Data — Non-Transferability and No Third-Party Sharing

This is one of the most critical provisions in our SMS Terms. Your SMS opt-in consent, mobile phone number, and all associated enrollment data are the exclusive property of your relationship with Maple54, LLC and are subject to the following strict restrictions:

  • Your opt-in data will not be sold to any third party under any circumstances.
  • Your opt-in data will not be shared with, rented to, or exchanged with any affiliate partner, marketing partner, lead aggregator, or other third-party entity for their independent marketing use.
  • Your opt-in consent is non-transferable and applies exclusively to receiving communications from Maple54, LLC for the specific program(s) you enrolled in.
  • No third-party company, affiliate, or partner will be permitted to send you SMS messages based on the consent you provided to Maple54, LLC.
  • We will not enroll you in any other company's messaging program without your separate, explicit, and specific consent to that program.

Any person or entity found to have misrepresented their consent collection practices in connection with our platform will be immediately removed and reported to the appropriate regulatory authorities.

3.10 Prohibited User Conduct in Connection with SMS

You agree that you will not:

  • Provide a mobile phone number that you do not own or are not authorized to use
  • Provide false or misleading information at the point of opt-in
  • Attempt to use our SMS program to harass, threaten, or abuse any other person
  • Use our SMS communication channels for any unlawful purpose
  • Interfere with or disrupt the technical operation of our SMS messaging systems

3.11 Wireless Carrier Disclaimer

Maple54, LLC is not responsible for any delays, errors, or failures in SMS or MMS message delivery caused by your wireless carrier, network congestion, technical issues with carrier infrastructure, or any other factor outside our direct control. Our SMS program is compatible with all major US wireless carriers including AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, US Cellular, MetroPCS, Cricket Wireless, and others. Carrier participation may vary and is subject to change without notice.

4. EMAIL COMMUNICATIONS TERMS

4.1 Consent to Receive Email Communications

By providing your email address through our website forms or other contact channels, and by giving your affirmative consent where required, you agree to receive email communications from Maple54, LLC as described in these Terms. The types of email communications you may receive include:

Transactional Emails: Sent in direct response to an action you have taken, such as submitting a form, requesting a consultation, completing an application, or engaging in a service transaction. Transactional emails are necessary for service delivery and do not require separate marketing consent, though you will always have the ability to contact us to limit these communications where legally permissible.

Marketing and Promotional Emails: Sent to opted-in subscribers and may include promotional offers, service announcements, industry news and updates, newsletters, event invitations, educational content, market reports, and other commercial communications. These emails are sent only to individuals who have provided affirmative marketing consent.

Automated Drip Email Sequences: As part of our lead nurturing and client engagement programs, opted-in subscribers may be enrolled in automated sequences that deliver a pre-scheduled series of email communications over a defined period of time. These sequences are designed to provide relevant information and guide you through our service offerings. You may opt out of these sequences at any time.

Re-Engagement Emails: Sent to subscribers who have not recently engaged with our communications, for the purpose of confirming their continued interest in receiving our emails.

4.2 CAN-SPAM Act Compliance

All commercial and marketing emails sent by Maple54, LLC comply fully with the requirements of the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, including the following:

  • Every email clearly identifies Maple54, LLC as the sender using our actual business name
  • Every email includes our valid, current physical mailing address
  • Every email includes a clear, functional, and prominently displayed unsubscribe mechanism
  • Subject lines accurately and honestly reflect the content of the email message
  • No false, misleading, or deceptive header information is used
  • All unsubscribe requests are honored within ten (10) business days of receipt
  • We do not harvest email addresses or use deceptive means to collect them

4.3 How to Opt Out of Email Marketing

You may unsubscribe from our marketing email communications at any time by:

  • Clicking the clearly labeled "Unsubscribe" or "Manage Preferences" link in the footer of any marketing email we send
  • Sending an email opt-out request to info@maple54.com
  • Calling us at 858-808-1221 and requesting removal from our email marketing list
  • Submitting a written request to our mailing address

After opting out of marketing emails, you will no longer receive promotional communications from us. However, you may continue to receive transactional emails related to any active service engagement, application, or transaction you have in progress with us, as these communications are necessary to deliver the service you requested.

5. AFFILIATE MARKETING TERMS AND DISCLOSURES

5.1 Nature of Our Affiliate Relationships

Maple54, LLC may maintain affiliate marketing relationships, referral arrangements, and cooperative business agreements with various third-party companies, service providers, lenders, real estate professionals, insurance providers, and other industry-related organizations ("Affiliate Partners"). These relationships may involve the payment or receipt of referral fees, commissions, or other forms of compensation. This section provides complete transparency about how these relationships operate and how they interact with your information and your consent.

5.2 Full Affiliate Marketing Disclosure

In compliance with the Federal Trade Commission (FTC) guidelines on endorsements and testimonials, and in the interest of full transparency, Maple54, LLC discloses the following:

  • We may receive financial compensation, referral fees, or other consideration when we refer clients to Affiliate Partners who then provide services to those clients.
  • We may receive compensation when clients are referred to us by Affiliate Partners and subsequently engage our services.
  • Where we mention, recommend, or link to third-party products, services, or providers on our website, there may be an affiliate or referral relationship involved. We will disclose this clearly in the relevant context.
  • Affiliate compensation does not influence the advice, recommendations, or information we provide to you. We only refer clients to Affiliate Partners we believe are reputable, qualified, and capable of serving your needs.

5.3 Your Information and Affiliate Partners — Critical Restrictions

The following restrictions govern how your personal information, including your contact data and consent records, interacts with our Affiliate Partners:

What Maple54, LLC will NOT do under any circumstances:

  • We will not sell, transfer, assign, or otherwise provide your mobile phone number, email address, name, or any other personal information to any Affiliate Partner for their independent marketing use without your explicit, separate, and documented consent to be contacted by that specific partner.
  • We will not share your SMS opt-in consent with any Affiliate Partner. The consent you provide to receive SMS messages from Maple54, LLC does not extend to any other company, affiliated entity, or third party. It applies exclusively to communications from Maple54, LLC.
  • We will not use your contact information to generate leads that are then sold or transferred to Affiliate Partners without your knowledge.
  • We will not enroll you in any Affiliate Partner's communication program based on the consent you gave to us.

What Maple54, LLC may do with your explicit and separate consent:

  • With your clear, informed, and separately documented consent, we may refer your inquiry to an Affiliate Partner who may be better positioned to serve your specific needs. Any such referral will be disclosed to you at the time it occurs.
  • Where you specifically request information about third-party services, and you provide explicit consent to share your information with a specific named partner, we may share your contact information with that partner for the specific purpose you have authorized.

5.4 No Affiliated Marketing Through SMS

Maple54, LLC does not use its registered 10DLC SMS messaging program to conduct affiliated marketing on behalf of any third party. Our registered SMS campaigns are approved solely for direct, first-party communications from Maple54, LLC to individuals who have given us their explicit consent. Using an A2P 10DLC-registered SMS campaign for affiliated marketing purposes where opt-in information is shared with third parties is a prohibited use case under CTIA guidelines and TCR requirements, and we strictly prohibit and do not engage in this practice.

5.5 Third-Party Websites and Linked Content

Our website may contain links to websites operated by Affiliate Partners or other third parties. These links are provided for informational purposes only. Maple54, LLC does not control, endorse, or take responsibility for the content, products, services, privacy practices, or data handling of any third-party website. When you click a link to a third-party website, you leave our website and are subject to the terms and privacy policy of that third-party site. We strongly encourage you to review those policies before submitting any personal information to a third-party website.

6. USE OF OUR WEBSITE

6.1 License to Use

Maple54, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal, non-commercial purposes, subject to these Terms. This license does not include the right to:

  • Copy, reproduce, distribute, or republish any portion of our website content
  • Modify, translate, or create derivative works based on our website content
  • Use any data mining, robots, scrapers, or similar automated data gathering tools
  • Frame or mirror any portion of our website without our express written permission
  • Reverse engineer any aspect of our website or its underlying technology

6.2 Prohibited Conduct

You agree that you will not use our website or services to:

  • Violate any applicable local, state, federal, or international law or regulation
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Submit false, fraudulent, or misleading information through any of our forms
  • Interfere with or disrupt the operation of our website or server infrastructure
  • Introduce any viruses, malware, or other harmful code to our website
  • Attempt to gain unauthorized access to any portion of our website, our servers, or any systems connected to our website
  • Harvest, collect, or aggregate personal information about other users of our website
  • Engage in any conduct that could damage our reputation or the reputation of any third party
  • Use our website for any commercial purpose without our prior written consent

6.3 User-Submitted Content

If you submit any content to us through our website, including messages, reviews, comments, or other communications, you grant Maple54, LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, distribute, and display that content in connection with our business and marketing activities. You represent and warrant that any content you submit does not violate the rights of any third party, including intellectual property rights and privacy rights.

7. INTELLECTUAL PROPERTY

7.1 Ownership

All content on our website, including but not limited to text, graphics, logos, images, photographs, videos, audio, software, code, and the overall design and compilation of the website ("Proprietary Content"), is owned by or licensed to Maple54, LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

The name Maple54, LLC, our logo, and any other marks, product names, or slogans used on our website are trademarks or registered trademarks of Maple54, LLC. You may not use these marks without our prior written permission. All other trademarks and service marks appearing on our website are the property of their respective owners.

7.3 Restrictions

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of our Proprietary Content for any commercial purpose without our express written permission. Unauthorized use of our intellectual property may result in legal action.

8. SERVICES AND INFORMATION DISCLAIMER

8.1 Nature of Information Provided

The information provided on our website, including articles, blog posts, service descriptions, market data, rate information, and all other content, is provided for general informational purposes only. It does not constitute professional advice of any kind, including but not limited to legal advice, financial advice, investment advice, real estate advice, or mortgage advice.

8.2 No Guarantee of Results

Maple54, LLC makes no guarantee, representation, or warranty, express or implied, that the use of our services will produce any specific result, outcome, approval, financing, or other benefit. Results vary based on individual circumstances, market conditions, regulatory requirements, lender criteria, and numerous other factors outside our control.

8.3 Accuracy of Information

While we make every effort to ensure the information on our website is accurate, current, and complete, we cannot guarantee that all information is free from errors or omissions. We reserve the right to correct any errors and to update information at any time without prior notice. Market rates, availability, and program terms are subject to change without notice.

8.4 Professional Consultation

Before making any significant financial, legal, or real estate decision, we strongly recommend consulting with a licensed and qualified professional, including a licensed attorney, certified financial planner, licensed mortgage professional, or licensed real estate agent, as appropriate to your situation.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Website Disclaimer

OUR WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Maple54, LLC does not warrant that: (a) our website will function uninterrupted, error-free, or free of viruses or other harmful components; (b) the results obtained from using our website will be accurate or reliable; (c) any errors or defects in our website will be corrected.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Maple54, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your use of or inability to use our website or services
  • Any unauthorized access to or alteration of your data or transmissions
  • Any content obtained from our website
  • Any transactions or communications conducted through or in connection with our website
  • Delays or failures in receiving or sending SMS or email communications

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 SMS Delivery Disclaimer

Maple54, LLC makes no guarantee that SMS or MMS messages will be delivered successfully, delivered within any specific timeframe, or delivered free of error. Delivery is subject to factors outside our control, including wireless carrier network availability, technical infrastructure issues, and the accuracy of the mobile phone number you provided.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Maple54, LLC and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of or access to our website
  • Your violation of any provision of these Terms
  • Your violation of any third-party rights, including intellectual property rights or privacy rights
  • Any content you submit, post, or transmit through our website
  • Your violation of any applicable law, regulation, or rule
  • Any false or inaccurate information you provide to us

This indemnification obligation will survive the termination of these Terms and your use of our website.

11. DISPUTE RESOLUTION

11.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or our services, the parties agree to first attempt to resolve the matter informally by contacting Maple54, LLC directly at info@maple54.com / 480-650-9911, and providing a written description of the dispute. We will make good faith efforts to resolve the matter within thirty (30) days of receiving your written notice.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any unresolved dispute shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as selected by Maple54, LLC. The arbitration shall be conducted in San Diego, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND Maple54, LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

11.4 Exceptions

Notwithstanding the arbitration agreement above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent any dispute is not subject to binding arbitration under Section 11, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in San Diego County, California for the resolution of any such dispute.

13. TCPA COMPLIANCE AND ACKNOWLEDGMENT

By opting in to receive SMS messages from Maple54, LLC, you expressly acknowledge and agree to the following in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227:

  • You authorize Maple54, LLC to contact you at the mobile phone number you have provided using automated telephone dialing technology, prerecorded messages, and SMS/MMS text messages for the purposes described in these Terms.
  • You represent and warrant that you are the account holder of the mobile phone number provided, or that you are authorized by the account holder to provide consent on their behalf.
  • You understand that your consent is not required as a condition of any purchase and that you may revoke your consent at any time by replying STOP.
  • You understand that standard message and data rates may apply.
  • You acknowledge that you have received all required disclosures prior to providing your consent.

14. REGULATORY COMPLIANCE STATEMENT

Maple54, LLC is committed to full compliance with all applicable federal and state laws, regulations, and industry standards governing our communications programs and business operations, including:

  • Telephone Consumer Protection Act (TCPA): Governing automated telephone calls and text messages to consumers
  • CAN-SPAM Act: Governing commercial email communications
  • California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): Governing the privacy rights of California residents
  • CTIA Messaging Principles and Best Practices: Industry standards for commercial SMS messaging
  • The Campaign Registry (TCR) 10DLC Requirements: Registration and operational requirements for A2P SMS messaging programs
  • Federal Trade Commission (FTC) Guidelines: Including guidelines on endorsements, testimonials, and affiliate marketing disclosures
  • Real Estate Settlement Procedures Act (RESPA): Where applicable to our mortgage and real estate services
  • Gramm-Leach-Bliley Act (GLBA): Where applicable to our handling of financial information
  • State-specific telemarketing and privacy laws: Including those applicable in states where we conduct business

This compliance commitment is not static. We actively monitor regulatory developments and update our practices, policies, and systems as required to maintain full compliance at all times.

15. SEVERABILITY

If any provision of these Terms and Conditions is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The severed provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the original intent of the parties.

16. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and any other agreements, disclosures, or policies expressly incorporated by reference herein, constitute the entire agreement between you and Maple54, LLC with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

17. WAIVER

No failure or delay by Maple54, LLC in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any right or provision of these Terms will only be effective if made in writing and signed by an authorized representative of Maple54, LLC.

18. FORCE MAJEURE

Maple54, LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, power failures, internet or telecommunications infrastructure failures, or acts or omissions of third-party service providers.

19. ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Maple54, LLC may freely assign these Terms and our rights and obligations hereunder to any successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.

20. CONTACT INFORMATION

For any questions, concerns, requests, complaints, or notices regarding these Terms and Conditions, our SMS messaging program, our email communications, our affiliate practices, or any other matter covered in this document, please contact us through the following channels:

Maple54, LLC Attn: Legal / Compliance Department

5210 Kona Springs Lane, San Diego, California. 92120

Phone: 480-650-9911

We will acknowledge all written inquiries within two (2) business days and will endeavor to resolve all matters within thirty (30) days of receipt.

These Terms and Conditions have been prepared to ensure full compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the California Consumer Privacy Act (CCPA/CPRA), CTIA Messaging Principles and Best Practices, The Campaign Registry (TCR) 10DLC campaign registration and operational requirements, Federal Trade Commission (FTC) affiliate disclosure guidelines, and all applicable federal and state laws governing digital communications, consumer privacy, and commercial transactions. Maple54, LLC maintains 100% compliance with all 10DLC registration standards and carrier guidelines governing A2P SMS messaging programs.

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