SMS Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Daniel Boone Elementary Parent Teacher Organization “DBE PTO”, including text messages made with an Auto dialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from DBE PTO or by otherwise contacting the DBE PTO as indicated below. You can receive help at any time by replying HELP to any text message from the DBE PTO or by otherwise contacting DBE PTO as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the DBE PTO. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of DBE PTO services.
DBE PTO offers its text messaging program whereby DBE PTO, and any applicable service providers, will text message you to provide you with information concerning marketing and school activity with DBE PTO and other DBE PTO products, services, and promotions. DBE PTO and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Auto dialer”) to deliver text messages to you under the DBE PTO Program. You agree that you will not use DBE PTO for any illegal or unlawful purposes. No coverage may be bound or amended via text message from DBE PTO.
Under the DBE PTO Program, the number of DBE PTO text messages that you receive may vary depending upon your account activity and your communication with DBE PTO.
DBE PTO does not impose a separate fee for sending DBE PTO text messages under the DBE PTO Program. However, standard message and data rates may apply to each text message sent or received in connection with the DBE PTO Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The DBE PTO Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The DBE PTO Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the DBE PTO Program are available on all equipment/mobile devices, or through all wireless carriers. DBE PTO may, from time to time, in its discretion and without notice to you, limit the carriers that support the DBE PTO Program. Certain other carriers may not support the DBE PTO Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The DBE PTO Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of DBE PTO’s control, and DBE PTO is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the DBE PTO Program. If the DBE PTO Program is not available within your intended location, you agree that your sole remedy is to cease using the DBE PTO
How to Opt-In
To opt-in to receive text messages from DBE PTO under the DBE PTO Program, complete the SMS/Text Messaging Opt-In Form and submit it to DBE PTO. DBE PTO will then send you a text message asking you to confirm your enrollment in the DBE PTO Program.
How to Opt-Out
To STOP receiving text messages from DBE PTO, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the DBE PTO text messaging program. You may also opt out by providing written notice to the DBE PTO at 201 W Hwy D, Wentzville, MO 63385 or by emailing DBE PTO at firstname.lastname@example.org.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to date information with DBE PTO regarding your use of the DBE PTO Program, including, without limitation, notifying DBE PTO in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify DBE PTO in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify DBE PTO if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive assistance by providing written notice to DBE PTO at 201 W Hwy D, Wentzville, MO 63385 or by emailing DBE PTO at email@example.com.
To receive DBE PTO text messages or enroll in the DBE PTO Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the DBE PTO Program, and authorized to incur any mobile message or data charges incurred by participating. DBE PTO reserves the right to require you to prove the foregoing to participate in the DBE PTO Program.
Changes to this SMS/Text Messaging Terms & Conditions
DBE PTO may revise, modify, or amend these Daniel Boone Elementary PTO SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to DBE PTO website. You agree to review these DBE PTO SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Daniel Boone Elementary PTO text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
Daniel Boone Elementary PTO may suspend or terminate your receipt of Daniel Boone Elementary PTO text messages if Daniel Boone Elementary PTO believes you are in breach of these Daniel Boone Elementary PTO SMS/Text Messaging Terms & Conditions. Your receipt of Daniel Boone Elementary PTO text messages is
also subject to termination in the event that your mobile telephone service terminates or lapses. Daniel Boone Elementary PTO reserves the right to modify or discontinue, temporarily or permanently, all or any part of Daniel Boone Elementary PTO text messages and the Daniel Boone Elementary PTO Program, for
any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the DBE PTO Program, you agree to release and hold harmless DBE PTO and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the DBE PTO, or your
use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy. THE DBE PTO PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. DBE PTO DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. In no event shall DBE PTO be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the DBE PTO Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost
profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever
arising out of or resulting from the DBE PTO Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND DBE PTO ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND DBE PTO OR ANYONE ACTING ON YOUR OR DBE PTO’S BEHALF, OR THE DBE PTO PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF MISSOURI PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND DBE PTO INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF MISSOURI, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and DBE PTO alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and DBE PTO arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and DBE PTO or anyone acting on your or DBE PTO’S behalf, or the DBE PTO Program, DBE PTO, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of Missouri including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the DBE PTO Program, or any text messages between you and DBE PTO or anyone acting on your or DBE PTO’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by writing DBE PTO at 201 W Hwy D, Wentzville, MO 63385 or by emailing DBE PTO at firstname.lastname@example.org.