The policies below is setup to ensure a safe shopping experience between both the buyer and the business. The policies written in this page acts as a contract and is the contract that customers must agree to at the time of checking out. This Sales Contract between THE FUN FISHERY or as "TFF" for short and the customer that checks the agree to terms and conditions at the time of checking out. The policies set in this page is not for the store or farm purchase. See in Store or at the farm for purchase/sales policy. 

 

Shipping Policies:
SHEDULES: We normally ship Monday-Tuesdays for Standard shipping. Monday-Wednesday for UPS 2nd Day Air. Monday-Thursday for UPS Next Day Air. 
DELAYS EXPECTATIONS: Expect that some orders may delay for an average of 30 days. In some circumstances, some orders are entered during the time of RESTOCKING. During these times, fishes are undergoing quarantine because they just came out fresh from harvest. We want to monitor the fishes for a minimum of 15 days to ensure they are healthy before being shipped out. If you CANNOT wait, DO NOT order through us. We are not like other companies who is after money. We stand behind what we sell and we want to ensure the fishes are healthy before they go to your pond. 

FLAT RATE SHIPPING; available to customers nationwide. Meaning you can purchase one fish, or up to our maximum quantity limit. You will not be reimbursed for shipping balances not fully used for the shipping. As the same apply to us, we will not ask for more money if it cost us more to have your package shipped. Wholesale and Bulk will not qualify for flat rate shipping. See "Wholesale and Bulk Shipping" for more details. The maximum Live Fish to qualify for Flat Rate Shipping is as follow;

Small Fishes, up to 50 fishes. Medium Fishes, up to 20 Fishes. Large Fishes, up to 5 fishes.
Orders that does not qualify for Flat Rate Shipping will be contacted by The Fun Fishery to collect the remaining balance to have your order shipped. Orders will then roll over to our Ship by Weight and dimension. 

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WHOLESALE AND BULK SHIPPING; Once your order goes through, we will contact you to collect the final shipping cost to have your order

shipped. Keep in mind, that all wholesale and bulk orders must ship via UPS NEXT DAY AIR (also known as Overnight).

LIVE ARRIVAL GUARANTEED; We guarantee you will receive live healthy fishes. Got issues or Dead on Arrival? File a claim by sending 3 clear photos to our email or text to (530) 774-7236. We will credit you back or replace the fish. See Refund and Replacement policies below. ALL LIVE BAIT OR FEEDERS INCLUDING MINNOWS OF ANY VARIETY IS NOT COVERED BY THIS LIVE ARRIVAL GUARANTEE POLICY. 

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STATES WE DO NOT SHIP TO; THE STATE OF WISCONSIN (without an import permit). 

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DRY GOODS SALE POLICY:

(Dry good, defined as all supplies, foods, treats, or any sale that does not involve the Live animals or plants.)​

Guarantee: 

We guarantee that your merchandise will arrive in working and as promised condition. If your item arrives damaged or defective or not as described, then we will refund or replace at our choice. See details in other policies below;​

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Returns:

Everything sold on THE FUN FISHERY is final. 

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Refunds:

NO CASH REFUND. Store Credits only. Credits can be used both at our facility or online purchases (including orders over the phone)

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Replacements:

If your item is approved for a replacement, then an RMA # is required and will be provided. We will cover all replacements that is due to our fault including damaged during shipping. We will keep replacing until the issue is resolved. However, We reserve the right to stop allowing replacements, if the staff sees that the replacements will hurt the business. If a replacement is stopped, then a CASH refund will be issued to resolve the problem. Buyer is responsible for all return shipping expenses for replacements. We will cover the shipping to ship the new item to the buyer. 

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LIVE ANIMAL POLICES CONTINUE:​

​Bulk & Wholesale Purchase Live Arrival Policy:

Due to the extreme low price risk TFF is willing to make to keep bulk & Wholesale buyers happy,  TFF will not cover the entire order, unless/otherwise shipped via Overnight. Unless, otherwise in a written and signed agreement between the buyer and an authorized TFF Staff that all order is covered. ​

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Replacements:

Should a replacement for any Live plant, fish or animal be issued, the replacement will finalize the transaction or order as is and does not come with live arrival guarantee. That means, the replacement will be final. The entire sale will be as is, regardless of live delivery or DOA on the replacement shipment. All replacements will be subject to TFF choice of shipping method/service. For example, if you originally paid for Overnight Shipping, this policy authorizes TFF to use a slower service such as UPS 2nd Day or USPS Priority Mail Services. That also applies to the opposite, in which if you paid for USPS Priority Mail originally, then we can use UPS overnight services at our choice. Expect that packing methods might change drastically from original packaging, if we find it suitable to aid the new package for a better survival chance. This policy is set here to protect us. By default, most orders will reship using the same service as customer originally paid for in the first shipment. 

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Other Shipping:

Customers are responsible for all or any shipping surcharges that may arise. TFF reserve the right to hold any orders until any surcharges are paid in full. All Customers in these states; CA, NV, OR, WA, UT, AZ who paid for UPS 2nd Day Air might be shipped via UPS GROUND. Even if shipped ground, UPS normally deliver to these states within 1 or 2 days that meets the same UPS 2d Day Air guidelines. Because Shipping are charged as flat rate, any remainder of shipping is not refundable. 

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DOA/Warranty Claims:

DOA (Dead on arrival) or Warranties can all be claimed via phone by calling or texting or through our DOA webpage. The Fun Fishery reserve the right to refuse any claims we deem look suspicious of fraud or scam. We reserve the right to ask for government issued identification, if we feel we need more detail to verify a claim. Another person cannot file a claim for the person that the order is under. All claims must be reported to us within the timeframe as advertised, otherwise void. It may take up to 7 days until you get a response. Regardless of reason, Claims that run without activity by the customer for more than 14 days is considered abandoned and the claim will automatically close without notice. Smart Fish Aquarium will honor the policies promised to the ad that the customer purchased at the time. Each website or marketplace has its own policies which must be honored by those policies. For example, Smart Fish Aquarium will not honor our Official website Policies for an Ebay order. 

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​Onsite Purchases:

There are no guarantees offered via onsite Purchase. Therefore, the sale is final, and everything is sold as is.

This policy applies to sales made directly from The Fun Fishery. This includes order made over the phone for delivery or pick up, or any kinds of delivery (not shipping).  Uness/otherwise written or printed on the receipt, all physical sales fall under these conditions; Buyer to verify visible health and quantity count/weight prior to accepting any merchandise from the sales representative. Once the sale is complete and the merchandise has left with the buyer, the sale is final, unless otherwise other additional coverage/guarantee is offered in writing on a valid receipt or document provided by Smart Fish Aquarium and signed by the seller. Buyer to verify before leaving that all negotiated terms are written down and signed. By this policy, SFA or GKHF cannot accept or be liable for any sort of outbreaks or dead animals/plants when the buyer reaches its destination. There are no Life Warranty offered under this policy. 

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Chargebacks:

If you have an issue with our products, please allow us to make things right. We are always eager to make things right for you. Please note that while working with you, it may take up to 30 days to work with shipping carriers or manufacturers. Therefore, please allow time. Customers who abuse this policy and jump into conclusion by doing chargebacks will be banned from our store(s) and dropship sellers. We sell on many websites and serve over 350 dropship dealers. Therefore, majority of sellers online is selling our fishes. Chargebacks cost the company time and money. This is why it is worth letting an abusive buyer go than risking services with abusive buyers again. Buyer will be responsible for chargeback fees. 

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Why do we have these Policies? 

These policies set forth here is to protect our customer's trust base and to protect us. Unless/otherwise noted on a receipt, The policy listed in this page does not apply to other selling locations such as onsite purchases, or other online websites. The policy listed in this page only apply to the original SMART FISH AQUARIUM website unless/otherwise a document is signed by an authorized SMART FISH AQUARIUM staff or printed on a receipt indicating that the transaction qualifies for the policy on this page.

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By reading and understanding these Live arrival guarantee and Sale Policy, you have read and agreed to all the terms listed in this page prior to making any purchase. When you pay, you are also binding into a contract with SMART FISH AQUARIUM in these terms and condition on this page. Customers are responsible to check if they are allowed to import fishes sold by SMART FISH AQUARIUM into their state. Customers are also responsible for all or any state and federal permits to keep their fishes if required. Customers hold full responsibility of any state or federal importation laws and fines that may arise to customer or to SMART FISH AQUARIUM due to customers lack of homework prior to purchase. 

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Disclaimer:

This page includes Shipping details, and business policies that mentions Returns and refunds. It is the customer's responsibility to read, study, understand and accept all terms in this page prior to making any purchases. When an order is submitted, the buyer is binding in an agreement of the terms listed in this page. These policy and rules are set forth here to protect both the seller and the buyer. Should anyone have any question regarding any terms or condition in this page, please contact customer service. No part of these terms apply to anywhere else in our other selling locations or websites unless/otherwise stated on a receipt or a document signed by the sales person. Otherwise, these terms shall be effective only to this official website. For sale policy in our other locations or websites, please contact customer service. We reserve the rights to alter, edit, add or remove any terms in this page without notifying anyone, anytime. Should any terms be altered, the original terms should cover the buyer's original sold transaction and the new terms should apply only to new buyers. Shall this page be altered or updated, new terms will be highlighted in blue for 30 days of the date revised. The Date revised shall be stated here: Last revised 11/18/2022

PURCHASE TERMS AND CONDITIONS:
 

WEBSITE OFFERING AND BINDING OF TERMS:
These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Live Fish, Live small animals, pet food, Pet supplies and live plants. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 WHO CAN USE THIS WEBSITE:
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. Smart Fish Aquarium, its staffing or owners are not responsible for any legal actions that the authority may take against you for violating their law or regulations. 

TERMS OFFERED:
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it. Should you have any questions or concerns that an answer is not found on the listing, contact us prior to purchase: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. (iii) fish sizes advertised are approximate only. Allow up to an inch smaller or larger than advertised size. 

The prices we charge for using our services / for our products are listed on the website. Prices on our other marketplaces, on-site facility, or over the phone is different. We will not honor prices from other platforms to another. For example; We will not honor a Sale deal on our official website for you when making an order over the phone or purchasing at our facility. You must go to our official website to order to get that deal. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We reserve the right to cancel orders that we realized an error on pricing, description, detail or other advertising. Additional information about pricing and sales tax is available on the payments page.

RETENTION OF RIGHT:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. We may cancel items or an entire order and update the item(s) in our store or alter the prices after cancelling your item(s) or order at any time with or without any reason. 

IMPORT:
Buyer is responsible to check with local authorities and make sure it is legal to import / keep the live animals sold by The Fun Fishery prior to purchasing. Some states or counties require different permits / licenses prior for us to ship to those states. It is the buyer's responsibility to obtain any of these before purchase. The Fun Fishery will ship Live animals nationwide, or internationally. The Fun Fishery or any person or assets that relates to The Fun Fishery  should not be held liable for any outcome due to buyer's lack of homework. Should any issues arise, such as fines, tickets, lawsuits, or any other legal actions that your state or authorities take action against The Fun Fishery, then you are permitting The Fun Fishery to pass any fees to the buyer or, that the buyer takes full responsibility.  The Fun Fishery will never intentionally and knowingly ship restricted species to any states that have warned or educated The Fun Fishery of their laws for importing restricted species. Understand that we will always do our very best to keep track of illegal species to your state, but sometimes mistakes happen, and orders can slip through our nose as we sort this manually. 

WARRANTIES:
Smart Fish Aquarium is not a manufacturer. Some products sold on Smart Fish Aquarium does not come with Manufacturer warranty. Please contact the manufacturer for warranty details. Some items sold on or by Smart Fish Aquarium is sold as is because we might not be a Dealer for the manufacturer. Some manufacturer does not provide warranty for products not sold by their dealers.  We do not provide warranty services. 

LIVE ARRIVAL GUARANTEE & DOA:
***All Live bait or feeders are not guaranteed for live arrival.

***All Live animal BOGO or ON SALE items are NOT guaranteed for Live Arrival. 
***All Live orders (including plants) are not guaranteed if shipping to Any US territories or Islands, For example; Hawaii, Alaska, Guam, & Puerto Rico. That is---If customer pays for any shipping service that is not an overnight service. All overnight orders are covered and guaranteed unless, otherwise noted. 
***Live Fish, Plant and Live small animals: Live arrival guaranteed. We guarantee that you will receive healthy & Living fish/plant/animal at the time of opening your box. We will allow up to 2 hours for you to gather evidence and report to us. 1 hour for any small animals or reptiles. Should a DOA occur, please send 3 clear photo of DOA to us. If fishes, at least 1 clear photo of Dead fish tail chopped off. If the fish is visibly dead, such as white cloudy eyes, rotting away, or pale color is not required for tail chopped off. If Plants, then at least one photo of the bulb chopped in half, if apply. If the Plant or bulb shows signifigant signs of DOA, then a chopping is not required.
***Merchandise: Including all dried or frozen foods, send 3 photo showing all visible damages. IMPORTANT EXCLUSION OF GUARNTEE FOR FROZEN FOODS: Simple melting or defrosting is expected. There might be smelly liquid that collect at the bottom due to melting and defrosting during shipping. This is NOT covered by this policy. 

DISPLAY PHOTOS: 
Photos used on our website(s) should be used as reference only. Most of our fishes are shipped randomly at seller's choice. Unless color, size or color pattern is stated in the listing, expect that the color, size, shape and color patterns may be different then what you see. We are not going to refund for something that you received that you did not expect. Buyer must do research to know the item being offered more before purchase. Buyer can call our customer service team at anytime during open operating hours to place a custom order to meet the buyer's expectations better. Such as colors and sizes. A special request fee may be collected. 

REFUND/REPLACEMENTS/RETURNS:
We have a NO CASH REFUND POLICY. In rare events, if a replacement is not an option for you at all, we can issue a store credit. 
In rare events if you received something alive such as fish/animal you did not authorize, we ask that you not return it, but ask that you keep them. Unless/otherwise requested by one of our staff for a return. It is going to cause even more stress to the living animal to be returned. You can keep, give away or donate it to someone who wants it. We will replace the correct item or sub with an identical or similar item if we run out of stock at the time of replacement, by your consent of approval for subbing or we can issue a refund due to our mistake. 
If your claim for your DOA is accepted, we will;
***Live Fish/Plant/Animal: Replace the fish/plant/animal with a healthy one. Should we run out of stock at the time of filling your replacement, we reserve the right to sub using something similar at the value equal to or less to what you originally purchased at your consent. 
We do not offer refunds on Fishes, or animals. 
***MERCHANDISE: We will refund or replace the item. Buyer pays for return shipping. 
***SHIPPING BOX & SHIPPING: All live fish or animal shipping boxes are not refundable. Original, return, or replacement shipping are not refundable.

SHIPPING: 
We charge a shipping box fee for all live animal and live fish. This box is required for all transactions that contain any Live Fish or Animals. Each has its own fee. It helps us cover any transaction fees or shipping supplies. These fees are flat rate. Therefore, you cannot be refunded for the difference on the supplies we use. The same applies, that we cannot charge the buyer extra for extra supplies we used, unless otherwise our Bulk Order rule applies (see below). By ordering through The Fun Fishery of any of its platforms, stores or business relates, you authorize The Fun Fishery to Print or write your Phone Number on the Shipping Label. This is required by many USPS Postmasters as it is becoming a regular practice.  
Understand, that customers closer to our facilities who paid UPS 2nd Day Air, We might go with UPS Ground or USPS Priority Mail at the time of shipping. It might be easier for us, and less stressful for the fishes as ground sometimes is faster than UPS 2nd Day Air or that we see fit to use additional supplies and apply the leftover money to cover the extra expenses to ship the fish. We keep records if locations and sometimes cheaper methods arrive safer than faster methods. This also apply to all other orders including merchandise. Buyer will not be entitled for the shipping cost difference that we used as all shipping paid is Flat Rate. Buyer is responsible for all shipping expenses. This includes original shipping, or any replacement or return shipping expenses. All US Territories or US Islands have their own unique shipping rates and cannot use our standard UPS Flat Rates (UPS 2nd Day Air & UPS overnight). Excluding our USPS Priority Mail Flat Rates. SFA may contact the buyer after an order has been placed for additional shipping expenses for orders going to a US Territory or island. Flat Rate shipping Box fee and All Flat Rate Shipping does not apply to bulk orders. Anything 50 fishes or more is considered Bulk Order. SFA may hold the order on delay until negotiation is made on the final shipping fees and additional shipping box fees. 
FREE SHIPPING:
All eligible orders over $199.99 is eligible for a free shipping. This means, Smart Fish Aquarium will refund your shipping charges in full and ship everything to you for free. This offer is not an automatic feature. Therefore, the buyer is responsible to contact us directly within 24 hours of original order paid. To be eligible, your order must meet the following two rules; (1.) Your order must be at or over $199.99 before taxes, shipping box fee or any other fees or charges that may apply including Special Request Fees. (2.) Your ship to state must be California, or one of these states; Washington, Oregon, Neveda, Utah, Arizona.

Your order is not eligible for this offer if; (1.) Your order is a bulk order. (2.) Your order is a wholesale order. (3.) Your order had a discount of any kind over 10% off or over $15 discount applied.  (4.) You already used a Free shipping coupon. 

QUARANTINE: 
We obtain fishes from all over the world and from various breeders weekly. Therefore, our fishes are easily prone to disease or parasites. We do our very best to do a 3-14 day quarantine for all new arrivals to prevent infections to our inventory. It is your responsibility to quarantine your new fishes/plants/animals in a separate container for at least 14 days prior to introducing into your intended forever home habitat enclosure. We are not responsible for any outbreak that may occur to your enclosure, current stock, property, or that if it spreads out. 

Free Shipping:

Free shipping on all orders totaling $199.99 before taxes and shipping. As of 8/1/2021 SFA has stopped a default free shipping, automatically calculated at checkout. Most orders will still qualify for Free shipping. Please contact Customer Service by Email or Phone to see if your order is eligible for a shipping refund. Customer must contact SFA regarding eligibility of shipping refund within 3 business days of purchase date. 
HOW DO WE DETERMINE IF YOUR ORDER IS ELIGIBLE FOR FREE SHIPPING? Order that require too many shipping boxes or that when shipping becomes too expensive, Your order will not qualify for free shipping. 

REPLACEMENT FINALIZE:
Should a replacement for any Live plant, fish or animal be issued, the replacement will finalize the transaction or order as is and does not come with live arrival guarantee. That means, the replacement will be final. The entire sale will be as is, regardless of live delivery or DOA on the replacement shipment. Buyer choose to pay for shipping speeds at different prices. If a case is decided that We will take shipping responsibility, (also known as free shipping) All replacements will be subject to SFA choice of shipping method/service. For example, if you originally paid for Overnight Shipping, this policy authorizes SFA to use a slower service such as UPS 2nd Day or USPS Priority Mail Services. Expect that packing methods might change drastically from original packaging, if we find it suitable to aid the new package for a better survival chance. This policy is set here to protect us. By default, most orders will reship using the same service as customer originally paid for in the first shipment. 
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BULK PURCHSE LIVE ARRIVAL POLICY:
Due to the extreme low price risk SMART FISH AQUARIUM is willing to make to keep bulk buyers happy,  SMART FISH AQUARIUM will not cover the entire order, unless/otherwise shipped via Overnight. All bulk orders greater than 44 Fish in total Combined, we will cover 50% of the bulk purchase only. For example, if you purchase 100 Fish, only 44 Fish will be covered under the SMART FISH AQUARIUM'S LIVE ARRIVAL GUARANTEE POLICY. Unless, otherwise in a written and signed agreement between the buyer and an authorized SMART FISH AQUARIUM  Staff that all order is covered. ​

OUT OF STOCK & SHIPPING DELAYS: 
Expect that delays can occur anytime. We sell on various marketplace platforms and fulfill orders to many other sellers. Therefore, we can be wiped out of stock before we get to your order. Any purchase made on this website should be considered "PRE-ORDER" and we will fill orders accordingly to availability at time of packing orders in the order of what we received. This website does not work by "advertising what we have in stock" We will keep live fishes up as in stock even if we know certain fishes is going to or is currently out of stock. We do this, because we restock once or twice a week, and we normally get the same species back in stock within the next week. If a certain species is out of stock for more than 2 weeks, then we will cancel your order and mark those species as out of stock until we restock them. Sometimes we might hold your order longer than 20 days to see if we can restock the species you ordered when a supplier lets us know a certain timeframe of restock for those species you ordered. We reserve the right to ship what is available at the time of filling your order. If you place an order for multiple species of fishes and one or more of the species become unavailable, we can choose to ship what is available to ship and cancel to refund what we cannot fill. Buyer will not be reimbursed any shipping fee or any other value due to this. We can choose to ship some orders first, and then ship the remaining order at a later time, at our own decision and expense for shipping. 
You reserve the right to request to cancel an order that has not been fulfilled yet anytime for a full refund. Unless, otherwise--- if the species you ordered is being harvested specially for your order, then we might not be able to cancel your order as the harvest process has already begun. 

INDEMNIFICATION:
You agree to indemnify and hold the owner or Smart Fish Aquarium harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. You also agree to waive your right to any class lawsuit. 

LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event shall the owner or Smart Fish Aquarium, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, The owner or Smart Fish Aquarium assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

RIGHT TO CHANGE AND MODIFY TERMS:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. We reserve the right to modify any terms at anytime without notifying anyone. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

PROMOTIONAL EMAILS CONTENT:
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.