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This Short Message Service Terms and Conditions (the “Terms”) has been elaborated by Soups junction LLC, a limited liability company, referenced as either “Company”, “we”, “us”, or “our”, in order to inform users of the SMS Service which we make available to you through a third-party service provider (the “Service”) herein referenced as either “User”, “you”, or “your”, the terms and conditions of use of the Service.
Please read these Terms carefully since by completing the SMS/Text Messaging Opt-In Form and using the Service, you agree to be bound by and comply with these Terms. Please visit this section frequently as we might update and or modify these Terms at any time without notice and at our sole discretion. We will publish our current Terms on the website https://soupsjunction.com/ (the “Website”) and the changes will take effect at the time of publishing. Your continued use of the Service after the posting of an updated version will be understood as your acceptance to the new version.
We expressly reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Services for any reason, with or without notice to you.
YOU MUST BE 18 YEARS OLD OR OLDER TO USE THE SERVICE. THE SERVICE IS LIMITED TO US RESIDENTS ONLY. YOU MUST ALSO BE AUTHORIZED TO INCUR ANY MOBILE MESSAGE OR DATA CHARGES. WE RESERVE THE RIGHT TO REQUIRE YOU TO PROVE THE ELIGIBILITY REQUIREMENTS TO PROVIDE THE SERVICES TO YOU.
- DESCRIPTION OF THE SERVICES
We offer the Services through third party service providers. The Services will consist of sending text messages to you to provide you with information concerning your account activity with us, marketing information, and other products, services, and promotions we might consider of your interest. We might use standard or an automatic telephone dialing system to deliver the Services. You hereby agree to not use the Services for illegal or unlawful purposes.
- OPT-IN
By providing us with your mobile phone number, you consent to (i) the provision of the Services; (ii) receive non-marketing and marketing text messages from us; (iii) be bound by these Terms, the SMS Privacy Policy, and any other applicable terms and agreements related to your use of the Services. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from us. Messaging and data rates may apply.
- OPT-OUT
You may opt-out of these communications at any time by replying with the word [“UNSUBSCRIBE”] to [NUMBER]. You can receive help at any time by contacting us.
- COST
We will not charge you for the Services. However, standard message and data rates may apply to the text messages you send or receive in connection with the Services, as per the terms and conditions of your mobile telephone rate plan. Please, contact your carrier provider for further information.
- SUPPORTED CARRIERS; INTERRUPTION
The Services will be available to you through your mobile device when such equipment or device is within the operating range of your carrier provider. The Services may not be available on all equipment or mobile devices, or through all carrier providers. Also, not all functionalities of the Services are available on all equipment/mobile devices, or through all wireless carriers. If the Services are not available within your location, your sole remedy is to cease using the Services. Delivery of the Services to your equipment/mobile device may fail due to several circumstances or conditions for which will in no event be liable to you. The Services are subject to interruption and we shall not be responsible or liable for issues arising from problems or failure of mobile network services of any kind that might impair our provision of the Services, 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. We will in no event be liable to you for any injury or damage that any of the foregoing causes might cause to you or your equipment/ mobile device relating to or resulting from participating in or using the Services.
- TELEPHONE NUMBER. CHANGE. INDEMNIFICATION
You represent that you (i) are the account holder for the mobile telephone number provided or that you are authorized by the account holder to provide such number to us; (ii) are 18 years old or older; (iii) will not initiate messages to the mobile phone of any other person or entity without authorization; (iv) will notify us if you cease being the regular user of the provided telephone number. You agree to indemnify as 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 us for any change in your information, including your telephone number provided.
- PRIVACY
The Privacy Policy applicable to the Services is available at [COMPLETE WITH URL].
- SUPPORT
You may receive assistance by mailing us at [ADDRESS] or by email at [EMAIL].
- WARRANTIES. LIMITATION OF LIABILITY
By participating in the Services, you agree to release and hold harmless the Company 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 Services, 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 SERVICES ARE 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. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall we be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Services 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. The maximum recovery for any losses or damage whatsoever arising out of or resulting from the Services, or your use thereof, regardless of the theory of recovery is $100.00.