SMS Terms & Conditions
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Marlow's Tavern
(hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the
"Program"), which you agree to use and participate in subject to these Mobile
Messaging Terms and Conditions (hereinafter "Terms") and Privacy Policy (the
Terms and Privacy Policy are referred to collectively as the "Agreement"). By
opting in to or participating in any of our Programs, 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 Program and is not intended to modify other Terms and Conditions or
Privacy Policy(ies) that may govern the relationship between you and Corner Bar
Partners One LLC in other contexts.
User Opt In: The
Program allows Users to receive SMS/MMS mobile messages by affirmatively opting
into the Program, such as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the Program, you agree
that this Agreement applies to your participation in the Program. By
participating in the Program, you agree to receive recurring automated
promotional and personalized marketing text messages (e.g., SMS and MMS) from Corner
Bar Partners One LLC, including text messages that may be sent using an
automatic telephone dialing system, to the phone number associated with your
opt-in. Consent to receive automated marketing text messages is not a condition
of any purchase. While you consent to receive messages sent using an
autodialer, 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 "autodialer"). Message and data rates may apply.
Message frequency will
vary. Corner Bar Partners One LLC reserves the right to alter the frequency of
messages sent at any time, so as to increase or decrease the total number of
sent messages. Corner Bar Partners One LLC also reserves the right to change
the short code or phone number from which messages are sent and we will notify
you when we do so. Not all mobile devices or handsets may be supported and our
messages may not be deliverable in all areas. Corner Bar Partners One LLC its
service providers and the mobile carriers supported by the program are not
liable for delayed or undelivered messages.
User Opt Out: If you
do not wish to continue participating in the Program or no longer agree to this
Agreement, you agree to reply STOP to any mobile message from Corner Bar
Partners One LLC in order to opt out of the Program. After texting STOP, you
will receive one additional message confirming that your request has been
processed. You acknowledge that our text message platform may not recognize and
respond to unsubscribe requests that do not include the STOP keyword command
and agree that Corner Bar Partners One LLC and its service providers will have
no liability for failing to honor such requests. If you unsubscribe from one of
our text message programs, you may continue to receive text messages from Corner
Bar Partners One LLC through any other programs you have joined until you
separately unsubscribe from those programs.
Duty to Notify and
Indemnify: If at any time you intend to stop using the mobile telephone
number that has been used to subscribe to the Program, including canceling your
service plan or selling or transferring the phone number to another party, you
agree that you will complete the User Opt Out process set forth above prior to
ending your use of the mobile telephone number. You understand and agree that
your agreement to do so is a material part of these terms and conditions. You
further agree that, if you discontinue the use of your mobile telephone
number without notifying Us of such change, you agree that you will be
responsible for all costs (including attorneys' fees) and liabilities incurred
by Us, or any party that assists in the delivery of the mobile messages, as a
result of claims brought by individual(s) who are later assigned that mobile
telephone number. This duty and agreement shall survive any cancellation or
termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL
INDEMNIFY, DEFEND, AND HOLD Corner Bar Partners One
LLC HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO
NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM
OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et
seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED
THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE
NUMBER YOU PROVIDED.
Program Description:
Without limiting the scope of the Program, users that opt into the Program can
expect to receive messages concerning the marketing and sale of food and
beverages.
Cost and Frequency:
Message and data rates may apply. The Program involves recurring mobile
messages, and additional mobile messages may be sent periodically based on your
interaction with Us. You agree that you are solely responsible for all message
and data charges that apply to mobile messages. All such charges are billed by
and payable to your mobile service provider.
Support Instructions: For
support regarding the Program, text "HELP" to the number you received messages
from or email us at info@marlowstavern.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
Program will send SMS Fallback Messages if your mobile device does not support
MMS messaging.
Our Disclaimer of
Warranty: The Program 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 Program. Delivery of mobile 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 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. By using or engaging with the Platform,
you acknowledge and agree that you are not under the age of thirteen (13)
years, are between the ages of thirteen (13) and eighteen (18) and have your
parent's or legal guardian's permission to use or engage with the Platform, or
are of adult age in your jurisdiction. By using or engaging with the Platform,
you also acknowledge and agree that you are permitted by your jurisdiction's
Applicable Law to use and/or engage with the Platform.
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); an
· Any
other content that is prohibited by Applicable Law in the jurisdiction from
which the message is sent.
Dispute Resolution: In the
event that there is a dispute, claim, or controversy between you and Corner Bar
Partners One LLC or between you and Paytronix or any other third-party service
provider acting on Our behalf to transmit the mobile messages within the scope
of the Program, arising out of or relating to federal or state statutory
claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of
the scope or applicability of this Agreement to arbitrate, such dispute, claim,
or controversy will be, to the fullest extent permitted by law, determined by
arbitration in Corner Bar Partners One LLC before one arbitrator.
The parties agree to
submit the dispute to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") then in
effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which Corner Bar Partners
One LLC's principle place of business is located, without regard to its
conflict of laws. Within ten (10) calendar days after the arbitration demand is
served upon a party, the parties must jointly select an arbitrator with at
least five years' experience in that capacity and who has knowledge of and
experience with the subject matter of the dispute. If the parties do not agree
on an arbitrator within ten (10) calendar days, a party may petition the AAA to
appoint an arbitrator, who must satisfy the same experience requirement. In the
event of a dispute, the arbitrator shall decide the enforceability and
interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be final
and binding, and no party shall have rights of appeal except for those provided
in section 10 of the FAA. Each party shall bear its share of the fees paid for
the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of
such fees as part of a well-reasoned decision. The parties agree that the
arbitrator shall have the authority to award attorneys' fees only to the extent
expressly authorized by statute or contract. The arbitrator shall have no
authority to award punitive damages and each party hereby waives any right to
seek or recover punitive damages with respect to any dispute resolved by
arbitration. The parties agree to arbitrate solely on an individual basis, and
this agreement does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration
proceeding. Except as may be required by law, neither a party nor the
arbitrator may disclose the existence, content, or results of any arbitration
without the prior written consent of both parties, unless to protect or pursue
a legal right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section
or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
Agreement to participate in any of our Programs.
You understand and agree
that, by agreeing to these Terms, you and Corner Bar Partners One
LLC are each waiving the right to a trial by jury or to participate in a
class action and that these Terms shall be subject to and governed by the
Federal Arbitration Act.
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, and
nothing contained in this Agreement or in the performance of such obligations
will place you in breach of any other contract or obligation. The failure of
either party to exercise in any respect any right provided for herein will not
be deemed a waiver of any further rights hereunder. If any provision of this
Agreement 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 and enforceable. Any new
features, changes, updates or improvements of the Program shall be subject to
this Agreement unless explicitly stated otherwise in writing. We reserve the
right to change this Agreement from time to time. Any updates to this Agreement
shall be communicated to you. You acknowledge your responsibility to review
this Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept
this Agreement, as modified.