PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY COMMUNICATING OR ENGAGING WITH ALLEN CLARK AGNEW YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT ENGAGE WITH OUR COMMUNICATIONS OR SERVICES.
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Allen Clark Agnew (“we,” “our,” or “us”), located at 3115 112th ST Lubbock, Texas 79423, hereinafter referred to as The Mocha Joe Project. These Terms govern your interaction with The Mocha Joe Project in connection with our recruiting communications and the affiliate program we promote.
By engaging with our communications or submitting your information to us, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, please do not engage with our communications or services.
Your continued engagement following any update to these Terms constitutes your acceptance of the updated Terms.
The Mocha Joe Project uses an AI-powered recruiting system to identify, contact, and communicate with prospective leads for the purpose of recruiting individuals into a third-party affiliate program. We do not sell products or services directly, and we do not collect payments through our recruiting system.
All individuals who receive communications from The Mocha Joe Project are considered “users” for purposes of these Terms.
We reserve the right to modify or discontinue our recruiting communications or related activities at any time, with or without notice. Our services are provided “AS IS,” and we assume no responsibility for any failure to deliver communications or for missed contacts.
All communications conducted by The Mocha Joe Project are intended solely for lawful recruiting purposes in connection with the affiliate program we promote. We comply with all applicable laws and regulations governing our communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC messaging requirements, and all other applicable data protection and communications laws.
You agree not to misuse, misrepresent, or interfere with our communications or recruiting activities in any unlawful or unauthorized manner.
The Mocha Joe Project uses SMS messaging to communicate with prospective leads and recruits. Messages may include recruiting information, follow-ups, program updates, and responses to your inquiries.
By providing your phone number and opting in to receive SMS messages from us, you agree to receive the types of messages described above at the phone number provided. Consent to receive SMS messages is not a condition of joining or participating in any program or opportunity. Message frequency varies.
Opt-Out Instructions: You can stop receiving SMS messages at any time by replying “STOP” to any SMS message sent by us. Upon receipt, we will confirm your opt-out status via SMS. After this, you will no longer receive SMS messages from us unless you opt back in.
Rejoining Instructions: If you have opted out and wish to resume receiving messages, re-submit your information through the original sign-up method and provide consent again.
Help Instructions: For help or more information, reply “HELP” to any SMS from us, call 806-831-6812, or email [email protected].
Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages.
Message and Data Rates: Message and data rates may apply for messages sent to or from us. Contact your wireless provider for more information.
Privacy Policy: All personal data collected is handled in accordance with our Privacy Policy, available at https://themochajoeproject.com/privacy-policy.
Compliance: Our SMS program complies with all applicable mobile marketing regulations and industry standards, including those established by the CTIA and TCPA.
The Mocha Joe Project promotes a third-party affiliate program. We are an independent recruiter and are not the owner or operator of that program. Any participation in the affiliate program, including its terms, compensation structure, products, and services, is governed solely by that third party’s own agreements and policies.
The Mocha Joe Project makes no representations or warranties regarding the affiliate program, its availability, its compensation structure, or any results you may or may not achieve by participating in it. We encourage you to review the third party’s terms and policies before joining.
We are not responsible for any loss or damage arising from your participation in or reliance on the third-party affiliate program.
Both you and The Mocha Joe Project agree to maintain the confidentiality of any sensitive or proprietary information shared in the course of our communications. Neither party shall disclose such information to third parties without the other’s written consent, unless disclosure is required by law or regulatory authority. This obligation survives the termination of our communications with you.
Your engagement with The Mocha Joe Project is also governed by our Privacy Policy, available at https://themochajoeproject.com/privacy-policy, which is incorporated into these Terms by reference. By engaging with our communications, you consent to the collection and use of your information as described in our Privacy Policy.
OUR COMMUNICATIONS AND RECRUITING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR COMMUNICATIONS WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. YOUR ENGAGEMENT WITH US IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOCHA JOE PROJECT AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ENGAGEMENT WITH US OR YOUR PARTICIPATION IN OR RELIANCE ON THE THIRD-PARTY AFFILIATE PROGRAM WE PROMOTE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
We reserve the right to cease communications with you at any time if you engage in conduct that is unlawful, abusive, or contrary to these Terms. You may opt out of our communications at any time as described in Section 4.
Provisions of these Terms that by their nature should survive termination — including confidentiality, disclaimer of warranties, limitation of liability, and governing law — shall survive.
We reserve the right to amend these Terms at any time. Changes will be made available with a revised “Last Updated” date. Your continued engagement with The Mocha Joe Project after changes are posted constitutes your acceptance of the updated Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your engagement with The Mocha Joe Project shall be brought exclusively in the state or federal courts located in Texas, and you hereby consent to the personal jurisdiction and venue of those courts.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
Any claim or cause of action arising out of or related to your engagement with The Mocha Joe Project or these Terms must be filed within two (2) years after the claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Mocha Joe Project with respect to your engagement with us, and supersede all prior agreements or understandings between the parties on these subjects.
If you have any questions about these Terms or wish to report a concern, please contact us:
The Mocha Joe Project
3115 112th ST
Lubbock, Texas 79423
Telephone: 806-831-6812
Email: [email protected]