Mobile Terms and Conditions
Important Notice. By participating in a Merkle mobile promotion campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode, email email@example.com or firstname.lastname@example.org, or call 1.443.542.4000. Programs are transactional in nature and occur on demand between Mobile Originated message and Mobile Terminated messages.
Supported carriers include: ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile®, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets. Supported short codes change periodically.
These terms and conditions apply to individual, non-commercial users. By using the Service (as defined below) and associated mobile features, you agree to be bound by the terms and conditions listed below (the “Terms”).
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE US OR PARTICIPATE IN A CLASS ACTION. IF YOU CANNOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
General Use. The service consists of mobile request features, online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources (the “Service” or “Services”). Third party sources that make such information and materials available are referred to herein as “Marketers.” You understand that this Service is available for your personal, non-commercial use only. The Services are intended solely for users who are 13 years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms.
Service Limitations and Message Volume. You agree that Merkle, in its sole discretion, may establish general practices and limits concerning use of the Service. You agree that Merkle has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Merkle reserves the right to terminate accounts that are inactive for an extended period of time, which may be determined by Merkle in its sole discretion.
Use of Information. A Marketer’s campaign may ask you to provide personally identifiable information to participate in that campaign. By providing that information you agree that Merkle may store the information you provide and that the Marketer may use the information for that campaign and for future campaigns hosted by that Marketer. Merkle will not sell this personally identifiable information to other Marketers without your consent. If you participate in campaigns with other Marketers that ask you to provide personally identifiable information, Merkle may share this information with other Marketers to simplify your participation in their campaigns and enhance your experience with those campaigns.
Merkle obtains information regarding your wireless services provider through your mobile phone number. We also obtain non-personally identifiable information when you participate in a campaign sponsored by Merkle. We use this information to operate, develop and improve our services and may share it with Marketers and other third parties who engage in transactions with Merkle. Non-personally identifying information collected from one Marketer’s campaign may be used to report on another marketer’s campaign. Further, Marketers may ask you to submit information about yourself if you have specifically opted-in to receive communications from such Marketers. If you choose to submit the requested information, Marketers may use this information and may share such information with third parties.
User Content and Prohibited Activity. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that as a user, you are entirely responsible for all Content that you upload, post, transmit or otherwise make available using the Service via short message service (SMS), medium message service (MMS), voice messages, live conversations, the Merkle website, the Internet or any other medium. Merkle does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Merkle be liable in any way for any Content. Further, Merkle and any of its Marketers have the right to use, edit, reproduce, distribute, display, or perform any Content you submit to the Service in any manner whatsoever.
- You agree that you will not use the Service to upload, post, transmit or otherwise make available any Content:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- That contains nudity, violence, profanity, or offensive subject matter or contains a link to an adult website;
- That harasses or advocates harassment of another person;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- That contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- That furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or creating and/or distributing computer viruses;
- That contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- or that is fraudulent or deceptive.
- You further agree that you will not use the Services to:
- Harm or threaten anyone in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Violate any applicable local, state, national or international law, and any regulations or self-regulatory scheme having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
- Collect or store personal data about other users.
You acknowledge, understand and agree that Merkle may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Merkle, its users and the public.
Moderation of Content. You acknowledge, understand and agree that HelloWorld and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by Merkle or submitted to Merkle.
Use of Service. For all Merkle campaigns, message and data rates may apply. Text STOP to the appropriate shortcode to opt out of a campaign at any time. Text HELP to the appropriate shortcode for more information. Messages sent from automated system. Consent not required for purchase. For support, contact email@example.com. Programs are transactional in nature and occur on demand between Mobile Originated message and Mobile Terminated messages. Campaigns may not work with all carriers.
Sweepstakes and Promotions. Merkle sometimes assists Marketers with the set-up and administration of sweepstakes and promotions. By participating in such a sweepstakes or promotion, you are agreeing to abide by the rules of that sweepstakes and/or promotion. In addition, by participating in such a sweepstakes, you are acknowledging that Merkle accepts no liability for any claim related to compliance with sweepstakes laws and makes no representation or warranty that any sweepstakes complies with applicable law, and you release Merkle from any liability related to such a claim.
Intellectual Property. Merkle respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders’ rights. As a condition of your use of the Services, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. Merkle reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Service, or if Merkle believes that conduct of the user or the feed is harmful to the interests of Merkle, its affiliates, or other users, or for any other reason in Merkle’ sole discretion, with or without cause. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Merkle will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Merkle. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the copyright agent at DMCA_info@merkleinc.com.
Disclaimer of Warranties. THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. HELLOWORLD AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HELLOWORLD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. HELLOWORLD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. HELLOWORLD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED VIA THE SERVICE.
If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall HelloWorld have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to HelloWorld.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA, OR CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, YOUR COMPUTING DEVICE, AND YOUR MOBILE PHONE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HELLOWORLD OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF HELLOWORLD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.
Without limiting the foregoing, under no circumstances shall Merkle or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Dispute Resolution. You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and/or the Services, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms. You must send this Demand to the following address (the “Notice Address”): Legal Department, Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand.
If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and Merkle’s ability to litigate claims in court and you and Merkle each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. Please note that for any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration. We agree that we will submit all disputes with you to arbitration before the Arbitrator.
Changes in Terms and Conditions. We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Merkle.
Sometimes campaigns may involve special terms and conditions that will be applied specifically to those campaigns.
Effective Date: October 6, 2021