Mobile Message Service Terms and Conditions
Mobile Message Service Terms and Conditions
Last updated: March 29, 2021
The Yasso mobile message service (the “Service”) is operated by Yasso, Inc. (“Yasso,” “we,” “our” or “us”) and use of the Service by our customers or any other users (“you” or “your”) is subject to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
Subscribing to the Service
These Mobile Terms are limited to the Service and are not intended to modify any of Yasso’s other policies available on the Site or that otherwise govern the relationship between you and Yasso in other contexts. If you do not agree to these Mobile Terms, please do not use the Service. If you have already commenced using the Service but do not agree to these Mobile Terms, you must immediately cease using the Service and opt-out as provided below.
We do not charge for the Service, but it is a standard rate SMS/MMS program and you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider. Data obtained from you in connection with the Service may include your cell phone number, your carrier’s name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to otherwise operate, develop and improve the Service. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We reserve 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 our rights or property.
Opting-out of the Service and Requesting Help
Text the single keyword command STOP to (833) 524-0385 to cancel the Service at any time. You will receive a one-time opt-out confirmation text message. You understand and agree that the foregoing option is the only reasonable method of opting out of the Service. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from the Service, is not a reasonable means of opting out. If you have subscribed to other Yasso mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (833) 524-0385 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Duty to Notify Us if You Change Numbers; Indemnification
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. By providing your mobile number to us, or otherwise subscribing or opting in for the Service, you represent and warrant that you own, control, are the subscriber of, or are the customary user of the mobile number you use with the Service or that you have permission from the owner, controller, subscriber or customary user of the mobile number to use the Service. You agree to maintain accurate, complete and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. If at any time you intend to stop using the mobile number that has been used to subscribe to the Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile number. You understand and agree that your agreement to do so is a material part of these Mobile Terms. You further agree that, if you discontinue the use of your mobile number without opting out of the Service first, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists us in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Service.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD YASSO HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM (I) PROVIDING US WITH A MOBILE NUMBER THAT IS NOT YOUR OWN, (II) YOUR USE OF THE SERVICE, AND (III) 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 NUMBER YOU PROVIDED.
Violations of these Mobile Terms
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated or caused to be violated these Mobile Terms and/or other agreements or guidelines associated with your use of the Service, or any of Yasso’s other policies made available to you through the Site or otherwise.
Limitations on Liability and Disclaimer of Warranty
You agree that we will not be liable for failed, delayed or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Text messages sent between you and us through the Service will not be encrypted. This information can be read by unauthorized persons. It is your duty to keep your mobile telephone secure and you should protect your mobile device with a passcode. You understand that Yasso is not liable for the release of personal information as a result of your use of the Service.
The Service 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. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. YASSO IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, INFORMATION PROVIDED OR MADE AVAILABLE BY THE SERVICE, AND/OR ANY LINKED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF YASSO TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS $100 (ONE HUNDRED DOLLARS).
Content and Intellectual Property Rights
All content in or made available through the Service, including but not limited to text, photographs, images, audio clips, promotional copy, as well as emblems, trademarks, trade names, copyrights, copyrightable material, service marks, and any other form of intellectual property (collectively, “Intellectual Property”) is owned by or licensed to Yasso or third parties and are protected from unlawful use, replication and distribution by copyright, trademark, publicity and other laws. Nothing in these Mobile Terms is to be interpreted as transferring or licensing any Intellectual Property to you. Unless specifically permitted in writing by us, you shall not duplicate, capture, trade, upload or otherwise exploit in whole or in part any of our Intellectual Property. Any use of the Intellectual Property other than as permitted by these Mobile Terms will constitute a violation of these Mobile Terms and may constitute copyright and/or patent infringement.
We appreciate your interest in improving and expanding the Service. If you choose to send us content, information, ideas, suggestions or other materials relating to the Service or our business (“Feedback”), you hereby assign such Feedback to us, and you agree that we are free to use any Feedback, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Links to Other Websites
The Service may contain links to independent third-party websites (“Linked Services”). We provide these Linked Services solely for your convenience and do not control or endorse any of them. We are not and cannot be responsible for the content, security and/or privacy policies of such Linked Services.
In the event of any dispute, controversy or claim arising out of or relating to these Mobile Terms or the Service or your enrollment in the Service, including any dispute concerning the scope or enforceability of this Dispute Resolution provision, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), you agree that the dispute shall, unless otherwise mutually agreed by the parties for any particular dispute, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), in accordance with its then-current Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Those AAA rules, including all rules pertaining to the payment of arbitration fees and costs, are incorporated in full herein, except to the extent inconsistent with the terms set forth in this paragraph. Any such arbitration between you and Yasso must be arbitrated in the State of Colorado. Such arbitration must be on an individual basis. This means neither you nor Yasso may join claims in arbitration with or against other users or parties, or litigate in court or arbitrate any claims as a representative or member of a class. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits falling within the jurisdiction of the small claims courts located in the State of Colorado, or to enjoin infringement or other misuse of intellectual property rights, and you or Yasso may bring suit in a court of competent jurisdiction in the State of Colorado for (a) individual small claims matters and (b) to enjoin infringement or other misuse of intellectual property rights.
The AAA’s Consumer Arbitration Rules are available at: https://www.adr.org
This Dispute Resolution provision shall apply to this contract unless, within thirty (30) days of subscribing to the Service, you notify Yasso in writing that you wish to opt-out of this Dispute Resolution provision. Such written notice must identify your name and the mobile number you used to subscribe to the Service and must be delivered to Yasso Marketing, 1050 Walnut Street, Suite 402, Boulder, CO 80302. You understand and agree that notice by any other means will be ineffective.
We operate the Service from the United States. If you choose to access the Service from outside the United States, you are responsible for complying with applicable local laws.
We are an independent contractor, and no partnership, business association, joint venture, agency or employment relationship is intended or created by these Mobile Terms. No party shall attempt to act, or represent itself as having the power, to bind another party or create any obligation on behalf of another party.
Our failure to insist on or enforce strict performance of these Mobile Terms shall not be construed as our waiver of any provision or any right we have to enforce these Mobile Terms, nor shall any course of conduct between you and us or any other party be deemed to modify any provision of these Mobile Terms. These Mobile Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
We may assign these Mobile Terms or any part of them, and we may delegate any of our obligations herein. You may not assign these Mobile Terms or any part of them, nor transfer or sub-license your rights set forth herein, to any third party.
If you have additional questions or comments concerning these Mobile Terms, please contact us by email at firstname.lastname@example.org.