Mobile Alert Terms and Conditions

Program Description: (“Company”) is offering its Mobile Alert Program, a text message alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). The Program allows participants to receive, without limitation, informational alerts of interest to them; updates; polling questions; deals and specials. By providing your personal information when presented with a link to, or other notice of the existence of, these Terms, you agree that you are bound by these Terms and agree to receive communications from Company. 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 Company in order to opt out of the Program.

User Opt In: The Program allows users to receive SMS/MMS (“mobile”) alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as by signing up online, by providing your telephone number, or by texting a keyword to Company in response to a written or verbal call-to-action. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Company to communicate with you does not have the capacity to generate telephone numbers or initiate messages without human intervention. Thus, Company’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by opting into the Program, you agree to receive autodialed mobile messages, including promotional messages, and you understand that consent is not required to make any purchase from Company.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company.

Contact Information: For support, text “HELP” to any Company mobile message or email communications@abnerbaptistchurch.org.

User Opt Out and Additional Commands: To opt out of receiving mobile messages, reply “STOP” to any mobile message you received from Company on your mobile device. This is the easiest and preferred method to opt out receiving mobile messages through the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Company that result from your continued communication with the Program. Company may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.

MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging.

Company Warranty: Company will not be liable for any delays or failures in the receipt of any messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Company’s control. If you are dissatisfied with the Program or any content provided by Company, your sole remedy is to discontinue participating in the Program. You acknowledge that your participation in the Program is at your own risk. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE PROGRAM EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE ONE-YEAR PERIOD BEFORE THE SPECIFIC CLAIM AT ISSUE, OR $100, WHICHEVER IS LESS. WE WOULD NOT BE ABLE TO MAKE THE PROGRAM AVAILABLE TO YOU WITHOUT THESE CONDITIONS IN THE TERMS, AND THE FOREGOING PROVISIONS ARE THUS AN ESSENTIAL PART OF THE OFFER TO YOU. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT OPT INTO THE PROGRAM.

Privacy Policy: Company will only use information you provide to operate the Program and respond to you, if necessary. COMPANY WILL NOT SHARE, SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS, PERSONAL INFORMATION, OR MOBILE OPT-IN DATA COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY, INCLUDING FOR MARKETING OR PROMOTIONAL PURPOSES. Text messaging originator opt-in data and consent will not be shared with any third parties. Nonetheless, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Company’s rights or property, and as needed to operate the Program. When you complete forms online or otherwise provide Company information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If Company, in its sole discretion, believes that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, Company may refuse you access to the Program and pursue any appropriate legal remedies.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Company in other contexts.

Supported Carriers: Carriers are not liable for delayed or undelivered messages. The Program is available on the following carriers:

MMS Carriers

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Company, or between you and any third-party acting on Company’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Company’s Privacy Policy, 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 determined by arbitration the District of Columbia before one arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of your home state, 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 the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

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 Company 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 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 and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Company reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms 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, as modified. You further warrant and represent that you will not provide to Company any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Company that your prior telephone number is no longer assigned to you.