SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

MSIDR LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “SMS Broadcast Service”), which you agree to use and participate in subject to these Mobile Messaging Terms & Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our SMS Broadcast Services, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the SMS Broadcast Service and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

USER OPT-IN

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS Broadcast Service, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Broadcast Service, you agree that this Agreement applies to your participation in the SMS Broadcast Service. By participating in the SMS Broadcast Service, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply. Message frequency varies. 

USER OPT-OUT

If you do not wish to continue participating in the SMS Broadcast Service or no longer agree to this Agreement, you agree to reply STOP or QUIT to any mobile message from Us in order to opt out of the SMS Broadcast Service. 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. Furthermore, you acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP or QUIT keyword command, such as the use of different spelling or the addition of other words or phrases to the command, and agree that MSIDR LLC and its service providers will have no liability for failing to honor such requests.  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.

PROGRAM DESCRIPTION

SMS Broadcast & Text Marketing provides marketing updates, program details for lead generation and campaign traffic to mobile subscribers. Without limiting the scope of the SMS Broadcast Marketing service, users that opt into SMS Broadcast Service can expect to receive messages concerning general and mobile marketing services, product / promotions, general updates, and order status or update. 

Cost and Frequency

Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly (message frequency will vary). SMS Broadcast Service Involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding SMS Marketing campaigns, email us at info@msidr.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 SMS Broadcast Service will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The SMS Broadcast Service 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 SMS Broadcast Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of 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 text messaging instructions.

Age Restriction

You may not use or 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.

PROHIBITED CONTENT:

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.