Terms of Service

Over the Mountain Gellyball

Effective Date: May 1st, 2026


SMS Messaging Terms & Compliance

1. Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with Over the Mountain Gellyball through our website at https://otmgellyball.com/, or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.

2. Cancellation Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

3. Support Information: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected] or call (256) 874-0266 during business hours.

4. Carrier Liability: Carriers are not liable for delayed or undelivered messages.

5. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

6. Supported Carriers: Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.

7. Age Restriction: You must be 18 years or older to participate in our SMS program.

8. Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy at https://otmgellyball.com//privacy-policy

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.


General Terms

This website (the "Site") is owned and operated by Over the Mountain Gellyball ("COMPANY," "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Over the Mountain Gellyball.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.


Intellectual Property Rights

Our Limited License to You:

This Site and all the materials available on the Site are the property of Over the Mountain Gellyball and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us:

By posting or submitting any material (including comments, blog entries, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.


Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites.

The information, products, and services offered on or through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

You agree at all times to indemnify and hold harmless Over the Mountain Gellyball, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.


Online Commerce

Certain sections of the Site may allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us.

Your participation in any dealings with third-party vendors is solely between you and the third party. Over the Mountain Gellyball shall not be responsible for any loss or damage incurred as a result of such dealings.


Registration & Passwords

To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

If you suspect unauthorized use of your account, notify us immediately at [email protected]. We are not liable for any loss or damage arising from your failure to comply with this obligation.


Termination

We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.


Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state in which Over the Mountain Gellyball operates. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in that jurisdiction.


Changes to Terms of Service

We may update these Terms of Service from time to time. The latest version will always be available on our website with the effective date.

For any questions regarding these Terms of Service, please contact us at:

Over the Mountain Gellyball

Phone: (256) 874-0266
Email: [email protected]
Website:
https://otmgellyball.com/

By using our website and services, you consent to these Terms of Service.

If you have any questions regarding privacy, please read our privacy policy: https://otmgellyball.com//privacy-policy


Updated April 13, 2026

Use and Service
This web site (herein referred to as “Site”) provides services to you subject to the following terms and conditions. If you visit, register or shop at this Site, you accept these terms and conditions. Please read them carefully.

These Terms of Use (“TOU”) govern your use of this site and are by and between Over the Mountain Gellyball, LLC (referred to herein as “Over the Mountain Gellyball”, “we”, “us”, or “our”) and you, the user, on behalf of yourself and the user, customer or supplier for which you are visiting this Site.

By using and accepting the services or functions offered in or by this Site you waive any right to claim ambiguity or error in these TOU. If you do not agree, please leave the Site immediately.

Use by Children
If you are under 18, you may use this Site only with the involvement and consent of a parent or legal guardian.

If you are under 13 years of age, a parent or guardian must provide consent before you provide any personal information on this Site.

Parents and guardians are responsible for monitoring their child’s use of the Site and ensuring compliance with these Terms of Use.

Privacy Policy
The personal information you submit on the Site is governed by Over the Mountain Gellyball’s Privacy Policy, which is incorporated herein by reference. Your acceptance of these terms constitutes your acceptance of Over the Mountain Gellyball’s Privacy Policy. If you object, please do not submit information, use, or register to use the Site.

Customer’s Responsibilities
You:
(i) must keep your passwords secure and confidential,
(ii) are solely responsible for all activity in your account,
(iii) must prevent unauthorized access and notify Over the Mountain Gellyball promptly,
(iv) may use the Site and services only in accordance with law.

Changes to Site and Terms of Use
We reserve the right, at our sole discretion, to change or modify these TOU at any time without notice. Your continued use of the Site means you accept those changes. This Site may contain inaccuracies; Over the Mountain Gellyball does not guarantee updates.

Third Party Websites
Our Site may provide links to third-party sites. Over the Mountain Gellyball is not responsible for their reliability and provides these links only as a convenience. Inclusion of such links does not imply endorsement.

Trademarks and Copyrights
Unless otherwise noted, all Intellectual Property (logos, text, images, etc.) is owned by Over the Mountain Gellyball. Unauthorized use is prohibited without written permission. Over the Mountain Gellyball respects third-party rights and provides a process for reporting copyright violations.

Site Availability
Over the Mountain Gellyball is not liable if any portion of the Site malfunctions due to viruses, fraud, technical failures, or causes beyond Over the Mountain Gellyball’s control. Over the Mountain Gellyball does not guarantee uninterrupted or error-free operation.

Site Updates & Integrity
While Over the Mountain Gellyball strives for accurate and secure information, we do not guarantee it. Over the Mountain Gellyball is not liable for incorrect data caused by users, equipment, or human error.

Communications with this Site
You are prohibited from posting unlawful, defamatory, obscene, or threatening content. Over the Mountain Gellyball will cooperate with law enforcement when required.

Termination of Use
Over the Mountain Gellyball reserves the right to prohibit or suspend users at its sole discretion in case of violations, security issues, or improper conduct.

Disclaimer
Over the Mountain Gellyball assumes no responsibility for errors, omissions, or linked content. Over the Mountain Gellyball shall not be liable for damages including reliance, loss of data or profits, or business interruptions.

Governing Law
All matters relating to this Site are governed by the laws of the State of AL. By using this Site, you agree to submit to exclusive jurisdiction in AL. Jury trial rights are waived.