SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users (Sellers & Supporters) to receive automated SMS/MMS mobile message updates sent on the Seller’s behalf regarding their fundraiser. Sellers opt-in from their device via the Donate2Support application-based enrollment form. Supporters opt-in from their device via the MyTeamFundraiser.com website via a popup on the seller’s page.
You agree that this Agreement applies to Sellers & Supporters participation in the Program. By participating in the Program, you agree to receive updates on the seller’s fundraiser via prerecorded marketing mobile messages at the cell phone number provided. Message and data rates may apply.
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 receive an additional mobile message confirming your decision to opt out. 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 one of our employees 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 plan or selling or 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. If you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us as a result of claims brought by individual(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. You understand and agree that your agreement to do so is a material part of these terms and conditions.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED (via /INVITE PAGE), 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 USERS (SELLER & SUPPORTERS) AT THE MOBILE TELEPHONE NUMBERS YOU PROVIDED.
Program Description for Sellers: Without limiting the scope of the Program, users that are opted into the Program via the can expect to receive messages (confirming the # of supporters they invite each time new contacts are submitted via the mobile app, notification each time a donation is received, & encouraging messages sent on behalf of the campaign’s sponsor) concerning the seller’s fundraising campaign over a pre-defined short term period (typically 2-3 weeks).
Program Description for Supporters: Without limiting the scope of the Program, users that are opted into the Program via a popup on the seller’s page, and can expect to receive messages (typically 5 messages over a 2-3 week period) -AS WELL AS- a thank you note order confirmation if they donate.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages generally outlined above, and may include additional mobile messages sent to users throughout the campaign to Sellers and Supporters.
Support Instructions: For support regarding the Program, call or text 501-954-2631 or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our 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 wireless carrier limitations. 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 through wireless service providers, and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, or have permission to use the someone else’s device (typically parent/grandparent) that’s capable of downloading the Donate2Support App, sending two-way messaging, be 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 mobile application and text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Hold Harmless: We shall be held harmless against and from any and all claims arising from Seller’s use of the Invite Form, and shall further indemnify and be held harmless against and from any and all claims arising from any breach or default in the performance of any seller arising from any act or negligence including all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against us by reason of such claim.
Limits of Liability: Special Moments of Arkansas LLC DBOA Donate2Support.com or MyTeamFundraiser.com SHALL NOT BE LIABLE TO USER FOR ANY DAMAGE, LOSS, LIABILITY OR INJURY OF WHATSOEVER NATURE AND HOWSOEVER ARISING THAT MAY RESULT FROM SENDING OF TEXT MESSAGES OUTLINED ABOVE.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Special Moments of Arkansas LLC DBOA Donate2Support.com or MyTeamFundraiser or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, as in any instance arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, all parties agree further action shall be determined by arbitration in Cabot, Arkansas before one arbitrator.
The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
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 any 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. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.