Terms of Service

SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS

 

Last revised: August 16, 2024

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We, in collaboration with our partner Valamayo Social & Digital Marketing, offer a mobile messaging program (the “Program”). By opting in to or participating in the Program, you agree to these Mobile Messaging Terms and Conditions (“Program Terms”). This includes your agreement to resolve disputes with us and/or Valamayo Social & Digital Marketing through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are specific to the Program and do not alter other agreements or terms between you and us, or you and Valamayo Social & Digital Marketing in other contexts.

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User Agreement to Receive Text Messages

You agree to receive SMS mobile messages from us and Valamayo Social & Digital Marketing at the phone number you provided when you opted in, as well as any additional or updated phone number you provide. Regardless of how you joined the Program, these Program Terms apply. You consent to receive auto-dialed, prerecorded, or predetermined mobile messages at the provided phone number. This consent is not a condition for any purchase. These messages will include information on managing your subscription and may feature special offers and other promotional content. Although you consent to receive messages via autodialer, this does not imply that all messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

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User Opt Out

To stop participating in the Program or to withdraw your agreement to these Program Terms, reply STOP to any message from us or Valamayo Social & Digital Marketing. You may continue to receive messages while we process your request, and you may receive a confirmation message. These are the only acceptable methods for opting out. Any other methods, including texting different words or verbally requesting removal, are not valid.

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Duty to Notify and Indemnify

If you plan to stop using the phone number provided to the Program, including canceling your service plan or transferring the number, you must complete the User Opt Out process before ending your use of that number. This agreement is a key part of these terms. If you discontinue use without notifying us, you will be responsible for any costs (including attorneys’ fees) and liabilities incurred by us, Valamayo Social & Digital Marketing, or any delivery partner due to claims by individuals who later receive that number. This obligation survives any cancellation or termination of your participation in our Programs.

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Indemnity

You agree to indemnify, defend, and hold us and Valamayo Social & Digital Marketing harmless from any claims or liabilities resulting from your failure to comply with your notification duties, including those under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, as well as any regulations arising from our attempts to contact you at the phone number you provided.

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Program Description

The Program provides messages about events, available products and services, and special promotions.

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Cost and Frequency

Message and data rates may apply. The Program involves recurring messages, and additional messages may be sent based on your interaction with the Program.

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Support Instructions

For support regarding the Program, text “HELP” to the number from which you received messages. Alternatively, email us at support@valamayo.com. Note that this email address cannot be used for opting out; follow the procedures outlined above for opting out.

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Our Disclaimer of Warranty

The Program is offered “as-is” and may not be available in all areas or continue to work with changes to your wireless carrier’s product, software, or coverage. We and Valamayo Social & Digital Marketing are not liable for delays or failures in receiving mobile messages, as delivery depends on effective transmission from your wireless service provider and is beyond our control.

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Participant Requirements

You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular providers support the necessary service. Check your phone’s capabilities for text messaging instructions.

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Age Restriction

You may not use or engage with the Program if you are under thirteen (13) years old. If you are between thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission. By using or engaging with the Program, you confirm that you are either not under thirteen (13), have parental permission if between thirteen (13) and eighteen (18), or are of legal age in your jurisdiction. You also confirm that you are permitted by applicable law to use and/or engage with the Program.

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Prohibited Content

You agree not to send any prohibited content, including:
- Fraudulent, libelous, defamatory, threatening, harassing, or stalking content.
- Objectionable content such as profanity, obscenity, violence, or discrimination.
- Harmful code like viruses or Trojan horses.
- Unlawful products, services, or promotions.
- Content implicating personal health information protected by HIPAA or HITECH.
- Any content prohibited by applicable law in the jurisdiction from which the message is sent.

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Dispute Resolution

Disputes between you and us, or between you and Valamayo Social & Digital Marketing or any third-party service provider related to the Program, will be resolved through binding arbitration or, if applicable, small claims court. Arbitration will be administered by the American Arbitration Association (“AAA”) following its Commercial Arbitration Rules or Consumer Arbitration Rules. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and the arbitrator will apply the substantive laws of Wisconsin. The arbitrator’s decision will be final and binding. The arbitration will be on an individual basis, and class arbitration is not permitted. If the dispute proceeds in court, the parties waive any right to a jury trial. This arbitration provision survives any cancellation or termination of your agreement.

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Miscellaneous

You represent that you have the rights and authority to agree to these Terms and that doing so will not breach any other agreements. Failure to exercise any right does not waive further rights. If any provision is unenforceable, it will be limited or eliminated to maintain the remainder of the agreement in effect. New features or changes to the Program will be subject to this Agreement unless stated otherwise. We reserve the right to modify this Agreement and will communicate any updates to you. Continued participation after changes signifies acceptance of the modified Agreement.