Mobile Club SMS Terms and Conditions
By virtue of using any part of the Muscogee Moms Mobile Club SMS (the “SMS Service”), you agree to the following Terms and Conditions:
- The SMS Service. Once you join the SMS Service, you will receive information from Muscogee Moms, LLC (“Muscogee Moms”) such as news, events, promotions, and special offers via SMS/text messages delivered to your designated mobile telephone and/or device.
- Joining the SMS Service. To join the SMS Service, you must provide your mobile telephone or device number and check the box indicating that you choose to join and will comply with these Terms and Conditions. You agree that the mobile telephone or device number used to join is registered in your name. By registering for and participating in the SMS Service, you agree to provide accurate, complete, and true information. If Muscogee Moms, in its sole and absolute discretion, believes that any information you provide is untrue, inaccurate, or incomplete, it may refuse your access to the SMS Service and pursue any appropriate legal remedies.
- Charges. While there is no charge to join and receive the SMS Service, your mobile service provider may charge you for sending and/or receiving text messages and/or air time associated with the use of the SMS Service.
- Amount of Texts. Muscogee Moms will limit its text messages to five per month.
- Assistance. If you need help or additional information about the SMS Service, please text the word “HELP” to 81680 from your mobile telephone or device.
- Cancellation of the SMS Service. Text the word “STOP” from your mobile telephone/device to 81680 if you ever decide to cancel the SMS Service. The SMS Service will be cancelled upon receipt of that text and you will receive one final text from Muscogee Moms confirming cancellation of the SMS Service. Muscogee Moms will not send any further texts after that confirmation email.
- Current Mobile Service Providers. You may join the SMS Service if you have the following mobile service providers: AT&T, Sprint, Boost, Nextel, Verizon Wireless, Alltel, U.S. Cellular, Cellular One, and T-Mobile. This list may be amended at any time.
- Ownership of Messages. You acknowledge and agree that Muscogee Moms owns the content provided by the SMS Service (the “Content”) and that the Content is protected by intellectual property law. You agree not to alter or modify the Content, including but not limited to adding promotional material to the Content
- Rights to the SMS Service. As owner of the SMS Service and Content, Muscogee Moms grants you a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license to view and use the SMS Service. You may download and use the Content on your mobile telephone/device solely for your own personal, non-commercial use. Such allowed use includes keeping a copy for your use on your mobile telephone or device and forwarding to friends and family. Other than this limited personal use, you may not reproduce, modify, transfer, distribute, sell, or otherwise use or make available the Content or the SMS Service except as expressly provided in these Terms and Conditions.
- Liability and Disclaimer. Muscogee Moms provides the Service “as is.” Muscogee Moms, its advertisers, employees, partners, affiliates and all other entities or individuals associated with the development or administration of the SMS Service (collectively, the “Muscogee Mom Entities”) shall not be liable for your use of the Content, any other information or material contained in the Content, or any other aspect of the SMS Service. The Muscogee Mom Entities do not warrant or make any representations of any kind or nature with respect to the SMS Service, and the Muscogee Moms Entities do not assume or have any responsibility or liability for any claims, damages, or losses resulting from your use of the SMS Service. None of the Muscogee Moms Entities shall have any liability to you for use charges related to any device that you use to access the SMS Service or use and receive the SMS Service, including, without limitation, charges for mobile telephones/devices. The Muscogee Moms Entities shall not be liable for any delay in the receipt of any messages or Content as your mobile service provider controls delivery. THE MUSCOGEE MOMS ENTITIES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SMS SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT ALLOWED BY LAW. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE MUSCOGEE MOMS ENTITIES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SMS SERVICE EVEN IF MUSCOGEE MOMS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL MUSCOGEE MOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
- Privacy. In general, Muscogee Moms does not collect or share your personally identifying information. Muscogee Moms may process and use such user-submitted information and may share such information with its affiliates. However, Muscogee Moms does not sell, rent, individually post or otherwise disclose any personal information about subscribers to third parties. During certain joint promotions, subscribers may have the option to submit personal information to and/or receive future communications, including a SMS Service from the joint promotion partner. If subscribers opt-in to share information with such third parties, Muscogee Moms is not responsible for the third party content or the use of information by such third parties. Muscogee Moms may disclose personal information to comply with a subpoena or applicable law. In addition, we may hire trusted companies to help us with the SMS Service, and those companies may have limited access to personal information for the sole purpose of performing their services, subject to confidentiality obligations.
® 2012 Muscogee Moms, LLC. All Rights Reserved. Printed in U.S.A.
