Text Messaging Use
Mobile Messaging Terms and Conditions
1.Program Description: We may send promotional and transactional mobile messages invarious formats through the Program. Promotional messages advertise and promote ourproducts and services and may include [promotions, specials, other marketing offers, andabandoned checkout reminders]. Transactional messages relate to an existing or ongoingtransaction and may include [order notifications and updates, appointment reminders, andother transaction-related information]. Mobile messages may be sent using an automatedtechnology, including an autodialer, automated system, or automatic telephone dialingsystem. Message frequency will vary [but will not exceed x messages per x]. You agree thatwe, our affiliates, and any third-party service providers may send you messages regardingthe foregoing topics or any topic and that such messages and/or calls may be made orplaced using different telephone numbers or short codes. We do not charge for mobilemessages sent through the Program but you are responsible for any message and datarates imposed by your mobile provider, as standard data and message rates may apply forSMS and MMS alerts.
2.User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in tothe Program and you agree to receive recurring mobile messages from us at the mobilephone number associated with your opt-in, even if such number is registered on any state orfederal “Do Not Call” list. You agree that any mobile phone number you provide to us is a
valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary. 3.User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree tothese Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/orUNSUBSCRIBE to any mobile message from us. You may continue to receive textmessages for a short period while we process your request and you may receive a one-timeopt-out confirmation message. You understand and agree that the foregoing is the onlyreasonable method of opting out. For support, reply HELP to any mobile message from us.
Our mobile messaging platform may not recognize requests that modify the foregoingcommands, and you agree that we and our service providers will not be liable for failing tohonor requests that do not comply with the requirements in these Mobile Messaging Terms.We may also change the telephone number or short code we use to operate the Programand we will notify you of any such change. You acknowledge that any requests sent to atelephone number or short code that has been changed may not be received by us and wewill not be responsible for failing to honor a request sent to a telephone number or shortcode that has been changed.
4.Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and maynot be available in all areas, at all times, or on all mobile providers. You agree that neitherwe nor our service providers will be liable for any failed, delayed, or misdirected delivery ofany mobile message or information sent through the Program.
5.Modifications: We may modify or cancel the Program or any of its features at any time, withor without notice. To the extent permitted by applicable law, we may also modify theseMobile Messaging Terms at any time. Any such modification will take effect when it is postedto our website. You agree to review these Mobile Messaging Terms periodically to ensurethat you are aware of any modifications. Your continued participation in the Program willconstitute your acceptance of those modifications.
COLLECTION OF PERSONAL INFORMATION [DRAFTING NOTE: Use this section to describe the types of information you collect about individuals and how you collect it (e.g., directly from the user, through automated technologies, or from other sources such as advertising partners or other third parties).]Information collected directly from you: We may collect personal information directly from you, for example through a web form, during registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout. Personal information we collect directly from you may include first and last name, address, email address, and phone number.
Information collected from your device: Our website may use technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device including, for example, your IP address, date and time of your visit, browser and operating system information, referring website address, and other information about how you interact with the