Celianna For Alexandria
TERMS OF USE
LAST UPDATED DATE: Sept 12, 2024
MOBILE MESSAGING PROGRAM
Celianna For Alexandria (“We,” “Us,” “Our”) is offering 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 Short Messaging Service (“SMS”)/Multimedia Messaging Service (“MMS”) mobile messages by users affirmatively opting into the Program, such as through online enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive calls and text messages from Celianna For Alexandria whether live and/or containing prerecorded or artificial voice, including calls and text messages made using an automatic telephone dialing system.
PROGRAM DESCRIPTION
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning campaign updates and information, including mobile donation information, from us.
COST AND FREQUENCY
We do not charge for the messaging service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with us.
CONTACT INFORMATION
For support text “HELP” to any of our mobile messages, or email campaign@celianna4alexandria.com.
USER OPT-OUT AND ADDITIONAL COMMANDS
To opt out (discontinue participation in Program), reply “STOP” to any of our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to any of our mobile messages you receive, or by contacting us via the means provided above and clearly communicating your intent to unsubscribe from the Program. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. For additional support, text “HELP” to any of our mobile messages you receive or email campaign@celianna4alexandria.com to get help.
MMS DISCLOSURE
The Program will send SMS Mobile Terminated Messages (“MTs”) if your mobile device does not support MMS messaging.
RELEASE OF CLAIMS; NO WARRANTIES
By participating in the Program, you agree to release and hold harmless Celianna For Alexandria, its texting third-party service providers, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (all together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the Program, and from any claims 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 and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical, or other errors in associated promotional materials in connection with the Program. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees are not responsible for the Program, and none of them will have any liability or responsibility for any claim arising in connection with participation in the Program.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this Program. Without limiting the generality of the foregoing, the Program is provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Released Parties are not responsible for the following: 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, or wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send or receive a message; any injury or damage to your or any other person's wireless (cellular) device relating to, or resulting from, participation in the Program. News and data delivered are believed to be accurate at the time of delivery. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. Participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors are not liable for delayed or undelivered mobile messages.
To the extent permitted by applicable law, you agree that the Released Parties will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or the Program. You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Program, and you agree that we will not be liable to you if this occurs.
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, use, disclosure and sharing of your information as further outlined in Our Privacy Policy, available at PRIVACY POLICY Personal Information is further defined in our Privacy Policy.
DISPUTE RESOLUTION
In the event that there is a dispute, claim or controversy between you and us, or between you and any 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, these Terms, our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, you agree that such dispute, claim or controversy will be determined by arbitration in Alexandria, Virginia before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of Virginia, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
To the fullest extent permitted by law, each of the parties 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 for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
MISCELLANEOUS
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these TERMS OF USE 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 these TERMS OF USE 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 these TERMS OF USE unless explicitly stated otherwise in writing. We reserve the right to change these TERMS OF USE from time to time. Any updates to these TERMS OF USE shall be communicated to you. You acknowledge your responsibility to review these TERMS OF USE 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 these TERMS OF USE, as modified. We will update the “Last Updated Date” above to indicate when such changes were made.
