Mobile Alerts Terms and Conditions
Effective Date: January 13, 2017
1. By signing up for Mobile Alerts (also the "Service") and/or continuing to receive Mobile Alerts to your mobile number, you agree to be bound by these Terms and Conditions ("Terms"). Your participation in the Service and your continued receipt of Mobile Alerts is affirmation of your consent to these Terms and any changes to these Terms.
2. Our Service. By texting LAVIDALOYALTY (the "Keyword") from your mobile number and/or providing your mobile number and clicking the "opt-in" button on a mobile registration website, you consent to receive automated mobile text messages regarding events, offers and promotions from the individual or entity associated with the Keyword ("Sponsor"), which are delivered through a messaging platform provided by The Texting Company, Inc., d/b/a Textedly ("Textedly") (Sponsor and Textedly are collectively referred to herein as the "Company", "we" or "us"), even if your mobile number is registered on any state or federal Do Not Call list. You agree to receive SMS and/or MMS messages with promotional content, including coupons, advertisements, events, polls, giveaways, downloads and information alerts from us or third parties. You consent to receive up to 4 text messages per month. You also consent to receive informational and/or administrative messages from Company, which shall not count towards the 4 text messages per month limit. The Service is only available to customers of select carriers with compatible handsets.
3. Eligibility and Use Requirements. By subscribing to the Service, you confirm that you are over the age of majority in your state of residence. You verify that any contact information provided to Company, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile number, is true and accurate and that you will immediately notify Company if you change any of your contact information. You confirm that you are the current subscriber and/or customary user of the mobile number registered with the Service and authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may hold, suspend or terminate your access to the Service at any time. You understand that you do not have to sign up for this Service in order to make any purchases, and that your consent to receive Mobile Alerts is not a condition of any purchase. Your participation in the Service is completely voluntary. You consent to receive mobile messages using automated technology, including through an automatic telephone dialing system or autodialer.
4. How to Cancel Your Subscription. You may revoke consent or opt-out from receiving mobile messages at any time by texting STOP to 33222. You may also opt-out at any time by texting the word REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END , or QUIT to the short code 33222. You consent to receive an additional text message confirming your opt-out request. For help, send a text message with the keyword HELP to short code 33222. Please allow up to five (5) business days to process your opt-out request. It is your sole obligation to notify Company that you do not want to receive Mobile Alerts by following the instructions in this section. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately.
5. Changes in Mobile Ownership/Indemnity. If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify Company by texting STOP to 33222 or by emailing [email protected]. If you change any of your contact information, you agree to immediately notify Company by emailing [email protected]. You agree to indemnify, defend and hold Company harmless for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act ("TCPA") or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify Company of any changes in mobile ownership or your contact information. You must notify Company immediately of any breach of security or unauthorized use of your mobile phone. Although Company will not be liable for your losses caused by any unauthorized use of your mobile phone, you may be liable for the losses of Company or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number for the Service to continue receiving Mobile Alerts.
6. Costs. The Service is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the Service. You are solely responsible for all charges related to them, including charges from your mobile carrier.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY'S WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY'S SERVICE, FROM INABILITY TO USE THE COMPANY'S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY'S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY'S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Arbitration Agreement and Class Action Waiver. Any dispute or claim arising out of or relating to the Service shall be settled by binding arbitration. You and Company waive the right to go to court and agree to submit any claims to arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 1-16, as amended. However, we both retain the right to pursue in a small claims court any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. You agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives termination of your subscription or relationship with Company. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
9. Changes to Terms. Our Terms may be modified and/or we may cease offering the Service at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER AT OUR SOLE DISCRETION), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.
10. General. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall otherwise remain in full force and effect. These Terms survive termination of your subscription or relationship with Company. These Terms constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. These Terms and your relationship with Company shall be governed by the laws of the State of California, without regard to its conflict of law provisions.