Text Message Terms
By providing your cell phone number, you agree to receive text offers and alerts from The Swartz Creek Area Chamber of Commerce (hereafter called the SCACC). Text message charges or other charges may be charged by your wireless carrier for these offers and alerts. If, at anytime, you wish to opt out of future mobile (text) messages from the SCACC, you may do so by replying “STOP” to any text message you receive from us. You agree to opt out before changing your wireless service.
Text Message Terms
Please read these Terms carefully before engaging in our mobile marketing program. By joining the SCACC’s mobile marketing program, you signify your agreement with these Text Message Terms. Our text message marketing to you is a free service from the SCACC, however, message and data rates may be charged by your mobile carrier, so please check your carrier agreement for details. Not all carriers are supported by our mobile program please check your carrier for participation. When you provide us information in connection with the service, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. You are solely responsible for all content that you transmit or receive utilizing the service. You are responsible for any transmission you send, receive, post, access, or store via our mobile marketing program, and are responsible for abuse of your account by others. We reserve the right, at our sole discretion, to modify, alter or otherwise update these Text Message Terms at any time. Such modifications shall be effective immediately upon posting of the modified Text Message Terms to our website. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. We retain the right to deny access or service to anyone for any reason, including for violation of any of these Text Message Terms.
II. Description of Services
We provide you with access to our mobile marketing program in order to send you messages and updates that can include promotional announcements, news and information regarding our products and services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new media properties, are subject to these Text Message Terms.
III. Personal and Non-commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
IV. Trademark, Copyrights and Restrictions
Our copyright notice, notice of copyright infringement, policies regarding trademarks, user submissions and contents of text messages can be found at www.swartzcreekchamber.org.
V. Disclaimer of Warranties and Limitations of Liability
THE MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION.
NEITHER THE SCACC NOR ITS MEMBERS, AFFILIATES, OR EMPLOYEES ASSUMES ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, ANY LOSS, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR USE OF OR ACCESS TO THE MOBILE MARKETING PROGRAM OR SERVICES OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE MOBILE MARKETING PROGRAM OR SERVICES. IN NO EVENT WILL THE SCACC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE MOBILE MARKETING PROGRAM OR SERVICES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MOBILE MARKETING PROGRAM OR SERVICES, OR THE MATERIALS OR INFORMATION PROVIDED THROUGH THE MOBILE MARKETING PROGRAM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE MOBILE MARKETING PROGRAM OR SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR MOBILE MARKETING PROGRAM AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE MOBILE MARKETING PROGRAM OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED AT WWW.SWARTZCREEKCHAMBER.ORG.
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Text Message Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
VII. Privacy and Protection of Personal Information
VIII. Termination of Mobile Marketing program
We reserve the right to terminate our mobile marketing program and/or Services to you at any time for any reason. Termination of our mobile marketing program and/or Services will be communicated by text message to the number registered on our database in conjunction with our mobile marketing program.