Terms and Conditions and Privacy Policy for SMS Marketing
Text marketing. By signing up via text message, you agree to receive recurring automated promotional and personalized marketing text messages at the cell phone number used when signing up. You may opt out at any time. Message frequency varies. Message and data rates may apply. By opting into or participating in the mobile messaging program (the “Program”), you accept and agree to these terms and conditions and privacy policy (the “Agreement”) including, without limitation, your agreement to resolve any disputes with us through binding, individual only arbitration.
User opt in. The Program allows Users to receive SMS messages by affirmatively opting into the Program, such as through online or application-based enrollment forms or via verbal consent. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to imply that any or all of our mobile messages are sent using an autodialer.
User opt out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may also choose to fill out the online form at the bottom of this page to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out of the Program. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting an employee to remove you from our list, is not a reasonable means of opting out.
Duty to notify and indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plans or selling/transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of a change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individuals(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs
Cost and frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support instructions: For support regarding the Program, text “HELP” to the number you received messages from.
Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Touch Base Telecom is not liable for delayed or undelivered mobile messages.
Participant requirements: You must have a wireless device of your own, capable of two-way messaging, by using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect and right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Privacy Policy
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. We do not sell, rent, loan, trade, lease, or otherwise transfer for profit any phone numbers or customer information collected through the program to any third party. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false name or a name that you are not authorized to use. If, in Our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
This privacy policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
