SMS TEXT MESSAGING
TERMS AND CONDITIONS
Last updated September 1, 2021
- Opting-in to Receive SMS Messages
All Company SMS Message programs require double opt-in. In order to receive marketing and/or non-marketing SMS Messages pertaining to products, services, events, and/or promotions offered by Company, you must first affirmatively opt-in to receive such SMS Messages by (i) participating in a Company “text-keyword” program using your mobile device, (ii) providing Company with your mobile number from an SMS Message opt-in webpage accessed by you via a QR code or designated weblink, or (iii) otherwise affirmatively agreeing to opt-in to receive such SMS Messages. You will then be required to confirm your opt-in by either replying “YES” to an SMS Message that is automatically sent to you by Company in response to your initial opt-in request, or by sending Company a pre-populated, opt-in confirmation SMS text message that is auto-generated on your mobile device following your initial opt-in request. After you reply “YES”, or send Company the pre-populated SMS text message, as applicable, you will have successfully activated, and expressly consented to receive, marketing and non-marketing SMS Messages pertaining to products, services, events, and promotions offered by Company you hereby:
- are deemed to have read, accepted, executed and be bound by these SMS Terms, including, without limitation, the collection and use of your mobile phone number and the practices described herein;
- acknowledge and represent to Company that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number that you provided/entered to receive SMS Messages from Company, or that you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number to enroll such mobile phone number to receive SMS Messages;
- grant Company express permission to send automated SMS Messages to the enrolled mobile phone number through your wireless phone carrier, including an SMS Message to confirm your signup, unless and until such permission is revoked in accordance with these SMS Terms; and
- request to receive SMS Messages in spite of the fact that your mobile number may otherwise be on the federal, or a state(s), Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to Company.
You may opt-out of SMS Messages from us at any time in accordance with these SMS Terms (see “How to Opt-out and Get Help” section below). You are not required to consent to receive SMS Messages from Company to access any products or services of, or events conducted via, the Platform, provided you may not have access to certain promotions offered in connection with such products, services or events.
- How to Opt-out and Get Help
SMS Messages can be canceled at any time by replying “STOP” to the number sending you the SMS Messages from your mobile device. After you send the SMS text message “STOP”, Company will send you an SMS Message to confirm that your request has been received and processed, provided you may continue to receive SMS Messages for a short period while Company processes your request(s). After your request is fully processed, you will no longer receive SMS Messages from Company related to products, services, events, and other promotions offered by Company. Please note, Company may offer more than one SMS Message program and so if you have signed up for multiple SMS Message programs offered by Company, even if you opt-out of one Company SMS Message program (e.g., notifications and/or alerts), you will remain opted into other Company SMS Message programs (if applicable) unless you opt-out of each of those programs separately. If you want to join a specific SMS Message program again, just sign up as you did the first time and Company will start sending SMS Messages to you again.
If you need further assistance, just text “HELP” to the number sending the SMS Messages. After you send the SMS text message “HELP”, we will respond with instructions on how to use our service as well as how to unsubscribe.
- Duty to Notify and Indemnify.
You agree that at any time you intend to stop using the mobile number that has been used to subscribe to SMS Messages, including canceling your service plan or selling or transferring the mobile number to another party, you agree that you will complete the opt-out process set forth above for all SMS Message programs to which you are enrolled prior to ending your use of the mobile number. You understand and agree that your agreement to do so is a material part of these SMS Terms. You further agree that, if you discontinue the use of your mobile number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of SMS Messages, as a result of claims brought by individual(s) who are later assigned that mobile number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our SMS Message programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY 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 NUMBER YOU PROVIDED.
- Message and Data Rages; Message Frequency
Company does not charge a fee for SMS Messages, but mobile phone carrier charges may apply. Check with your wireless phone carrier for your plan details. By providing your consent to receive SMS Messages from Company, you approve any such charges from your mobile carrier. Charges for SMS Messages or data usage shall be your sole responsibility and may appear on your mobile phone bill or be deducted from your prepaid balance by your mobile carrier.
The number of SMS Messages received varies per user. If you have opted in to receiving SMS Messages, you expressly consent to receive up to three (3) recurring marketing and/or non-marketing SMS Messages per week regarding products, services, events, and other promotions offered by Company.
- Company Termination of SMS Messages
Company may suspend or terminate your receipt of SMS Messages at any time if Company believes you are in breach of these SMS Terms. Your receipt of SMS Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company’s SMS Messages and related programs, with or without notice to you.
We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile, as well as other carriers. Company does not promise that its SMS Message programs will be available across all carriers and neither Company nor any carriers shall be liable for delayed or undelivered messages.
- Questions; Contact Us
If you any other questions or concerns about sending and/or receiving text messages, you can contact Company at email@example.com with “SMS TEXT MESSAGING TERMS AND CONDITIONS” as the subject line and we will endeavor to deal with your request as soon as possible.
- Updates; Notification of Changes to SMS Terms