Jim 4 Indiana
Mobile Messaging Terms & Conditions
Jim 4 Indiana (“We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.
User Opt-In:
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation. The mobile messaging service used by Us requires human intervention for Our messages to be initiated; therefore, Our messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). By participating in the Program, you agree to receive autodialed marketing mobile messages, understanding that consent is not required to make any purchase from Us.
Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning updates and information from Jim 4 Indiana.
Cost and Frequency:
Message and data rates may apply. The Program involves recurring mobile messages, and additional messages may be sent based on your interaction with Us.
Contact Information:
For support, text “HELP” to any of Our mobile messages.
User Opt-Out and Additional Commands:
To opt out of the Program, reply “STOP” to any of Our mobile messages from your mobile device. You may receive an additional message confirming your decision to opt out. For additional support, text “HELP” to get help.
MMS Disclosure:
The Program will send SMS MTs if your mobile device does not support MMS messaging.
Our Warranty:
We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered messages.
Privacy Policy:
We respect your privacy. By opting into the Program or otherwise sharing your personal information with Us in connection with the Program, you consent to the collection and use of your information as outlined in Our Privacy Policy. Text opt-in consent data will not be sold or shared with third parties for promotional or marketing purposes.
Dispute Resolution:
In the event of a dispute, claim, or controversy between you and Us, or between you and any third-party service provider acting on Our behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, such dispute will be determined by arbitration in Las Vegas, Nevada before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures will apply; for claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules will apply. The arbitrator will apply the substantive law of Nevada, exclusive of its conflict or choice of law rules. The Federal Arbitration Act will govern any arbitration conducted pursuant to these Terms.
To the fullest extent permitted by law, each party agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court rather than through arbitration, each party waives any right to trial by jury in any action arising out of or relating to this Agreement. The appointed arbitrator may award monetary damages and any other remedies allowed by state law. The arbitrator will deliver a reasoned written decision (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award may be confirmed or enforced in any court having jurisdiction. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the court reporter, and the costs of the arbitration facility.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder. The failure of either party to exercise any right provided herein will not be deemed a waiver of any further rights. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time, and any updates will be communicated to you. By continuing to participate in the Program after any changes, you accept these Terms as modified.