Texting Terms and Conditions
YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR SMS SERVICE, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Terms and Conditions of Use
This Texting Terms and Conditions applies when you give prior express consent to get text messages from B&L Family Wellness, LLC DBA Elevate Body and Mind. Text messaging may include one-time or recurring texts related to the following programs:
Reminders for event registration that you have signed up for. Messages may include alerts to remind you of the time and date of the event, and may include a url link to the event.
Appointment reminders for meetings or Doctor's calls or consultations.
We save your consent to SMS texting and associate it in a database with your name and telephone number during your process of applying for a product on our site. We both agree that the way to end text messages for a specific texting program is to reply STOP. You understand and approve that replying STOP to one texting program will not opt you out of all programs that you are enrolled in. You must reply STOP to each texting program that you no longer want to be a part of.
In all programs, you may text HELP for help. Text messages may be sent to your mobile number using an automatic dialing system. Message and Data rates may apply. Text messaging may not be available from all carriers.
IF YOU NO LONGER WANT TEXT MESSAGES FROM US, YOU MUST REPLY STOP TO EACH TEXTING PROGRAM YOU ENROLLED IN.
After you send STOP to us, we may send you a message to make sure that you no longer want to get text messages from that program. After this, you will no longer get text messages from us from that texting program. If you want to join again, just sign up as you did the first time and we will start sending text messages to you for the programs you have signed up for.
We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if the network is down. Factors beyond the power of wireless carriers may get in the way of message delivery. This may include the terrain, how close you are to buildings, foliage, weather, and your equipment. We and your wireless provider will not be liable for losses or
damages that come from:
-a message not delivered,
-a message delivered late,
-or a message that goes to the wrong number;
-or inaccurate or incomplete content in a text message.
We are not liable for your use or reliance on the content of any text message.
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 US 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.
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.
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 of 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); and
-Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Questions about the Texting Terms and Conditions
What type of text messages will I get?
Text messages may include one-time or recurring texts. These messages may include information about your event registration, appointment reminders, or products and courses.
Can I choose the type of text messages I get?
Yes. You can choose the type of text messages you want.
How often will you send texts and how many will I get?
When you choose a recurring text program, we will send you up to 5 text messages per month. This will be dependent on the event or program that you sign up for.
I want to stop receiving text messages, what do I do?
To stop receiving text messages for a specific program, reply STOP to the text. If you no longer want any text messages, you must reply STOP to each program you want to end.
If I reply STOP for one texting program, can I stay in another program?
Yes. When you reply STOP to one texting program, you will still get text messages from your other programs.
What if my mobile number changes?
Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update any changes. If you don’t give us your new mobile number, we are not responsible for any text message sent to the wrong number.