Terms of Service — Text Message Services
Program Sponsor: Pledgeling
Program Shortcode: 707070
Program Content: information about charitable donations via Pledgeling
Customer Service: Text HELP to the Program Shortcode, email email@example.com, or submit a ticket at https://help.pledgeling.com
Arbitration Opt-out Mailing Address: Attn Law Dept, Pledgeling, 2100 Abbot Kinney Blvd Unit E, Venice, CA 90291
The following Terms of Service apply to everyone who:
signs up to receive one or more SMS or MMS message and/or messages from the Program Sponsor ("us”, “we” and “our”)(an “Opt In”); or
sends us messages via SMS or MMS.
Authorization. You authorize us to use autodialer or non-autodialer technology to send text messages to the mobile phone number you used to Opt In. You consent to the use of electronic records to document your Opt In.
Mobile Account Owner: If you are not the mobile account owner, you represent that you have the permission of the mobile account holder to use the Services and to enter into this Agreement.
Age and Permission: You represent that you are of legal age to enter into this Agreement, or are at least 13 years of age and have your parent's permission to use the Services.
What We Will Send You When You Sign Up for the Program Sponsor’s Text Alert Program: When you sign up for the Program Sponsor’s text alert program you are expressly consenting to receive ongoing text messages containing the information described in the Program Content box at the top of this page. If you reply to any of these messages, such as texting in a vote, you may receive additional response messages. If you join another of our mobile campaigns, you will receive additional messages for that campaign.
Initial Message. When you opt in to the Service, typically by texting a word to the Program Shortcode, we will send you a SMS message with information about the program, including how to obtain help or stop further messages.
Stopping Our Messages: You may opt out of the Services at any time by texting the word STOP to the Program Shortcode from your enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from any of our mobile campaigns.
Message and Data Rates May Apply - Your Carrier May Charge You For These Messages. We do not charge you a fee for the Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Services.
Help: Text HELP to the Program Shortcode or use the other methods described in the Customer Service box at the top of this page.
Delivery Not Guaranteed: The Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
Your Wireless Service: You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service. The 707070 shortcode is currently supported on all major U.S. mobile carriers, but that availability may change without notice, and certain services, such as MMS for multimedia content, may be limited to specific carriers. In the event that you attempt to receive multimedia content on an unsupported carrier or handset, a text message with an alternate viewing experience will be provided.
No Resale: You may not use, sell or otherwise exploit the Services for any commercial purposes.
Acceptable Use: You agree that you will comply with our Acceptable Use Policy published at https://www.pledgeling.com/acceptable-use-policy and incorporated by reference.
refuse to transmit and/or delete any message,
restrict or prohibit your use of the Services, and/or
seek all remedies available by law and in equity for such violations.
Changes to the Services: The Services may be changed or discontinued without notice to you. We and our suppliers and affiliates are not responsible to you or any third party for any damages arising from your use of the Services or its modification, suspension, or cancellation.
General Disclaimer: The Services are provided "as is" with all faults without warranty of any kind, either expressed or implied. We disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice. We shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the services, even if we have been advised of the possibility of such damages.
Indemnification: You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services.
Dispute Resolution: Except for disputes that can be brought in small claims court, all disputes between you and the Program Sponsor arising out of, relating to or in connection with text, SMS, MMS, recorded or other telephone messages or calls and these terms and conditions shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND THE PROGRAM SPONSOR AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if the Program Sponsor seeks to delete the agreement to arbitrate from this dispute resolution provision, any such deletion will not apply to any individual claim(s) that you had already provided notice of to the Program Sponsor. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to opt-out of the agreement to arbitrate, within 30 days of when you first request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from the Program Sponsor you must send the Program Sponsor a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the Arbitration Opt-out Mailing Address in the box at the top of the page. In the event you opt out of the arbitration provision, you agree to exclusively litigate in a court of competent jurisdiction in [Los Angeles County, California]. These terms and conditions are governed by the laws of the State of California without regard to conflict of law provisions. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Los Angeles County, California. This section applies to persons who request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from the Program Sponsor after April 1, 2016, and will survive termination of your participation in any Program Sponsor messaging program.