Mobile Messaging Program Terms and Conditions
Last Updated: January 10, 2025
Thank you for your interest in New Chapter Inc., and our operating brands (each referred to as the “Company”, “we”, or “us”). Company offers mobile messaging programs (each referred to as a/the “Program”), which you agree to use and participate in subject to these Mobile Messaging Program Terms and Conditions (the “Agreement”). By participating in a Program, you accept and agree to the terms and conditions set forth in this Agreement. For purposes of this Agreement, you and Company may each be referred to individually as a “party” or collectively as the “parties.”
PLEASE NOTE: THIS AGREEMENT IS SUBJECT TO THE DISPUTE RESOLUTION PROVISIONS WITHIN OUR WEBSITE TERMS AND CONDITIONS THAT CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH COMPANY ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
1. User Opt In: The Program allows you to receive SMS/MMS mobile messages from the Company. There may be multiple ways in which you can participate in a Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you (i) agree to receive from us (or our service providers acting on our behalf) autodialed, prerecorded, or other transmitted marketing SMS/MMS mobile messages at the phone number you provided when you opted into the Program, and (ii) understand that consent is not required to make any purchase from us. While you consent to receive SMS/MMS mobile messages that we (or our service providers) send or transmit using an autodialer, an automatic telephone dialing system, or any similar automated system, the foregoing shall not be interpreted to suggest or imply that any or all of our SMS/MMS mobile messages are in fact sent or transmitted via an autodialer, an automatic telephone dialing system, or any similar automated system. Message and data rates may apply. By providing your mobile phone number to us, you are voluntarily opting into the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You hereby represent and warrant to the Company that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any SMS/MMS mobile messages from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. 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 our list, is not a reasonable means of opting out of a Program. If you opt out from one of our Programs, you will remain opted into other Programs (if applicable), unless you opt out of those individual Programs separately.
3. Duty to Notify and Indemnify: If at any time you stop using, whether voluntarily or involuntarily, the mobile telephone number that has been used to subscribe to the Program (e.g., canceling your mobile/wireless service plan, having your mobile/wireless service plan terminated, or selling or transferring the mobile phone number to another party), you agree (i) that you will complete the User Opt Out process set forth above (Section 2) prior to the ending or termination of your use of the mobile telephone number, and (ii) that failure to undertake the foregoing User Opt Out process set forth above (Section 2) is a material breach of this Agreement. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, IF YOU DISCONTINUE THE USE OF YOUR MOBILE TELEPHONE NUMBER WITHOUT NOTIFYING US OF SUCH CHANGE IN ACCORDANCE WITH THIS AGREEMENT, YOU WILL FULLY, COMPLETELY, AND WITHOUT LIMITATION INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, AND ANY PARTY THAT ASSISTS IN THE DELIVERY OF THE SMS/MMS MOBILE MESSAGES, AND YOU WILL BE RESPONSIBLE FOR ALL COSTS (INCLUDING ATTORNEYS’ FEES) AND LIABILITIES INCURRED BY ANY OF THOSE ENTITIES AS A RESULT OF ANY CLAIM BROUGHT BY ANY INDIVIDUAL WHO IS 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. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD COMPANY AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, AND ANY PARTY THAT ASSISTS IN THE DELIVERY OF THE SMS/MMS MOBILE MESSAGES 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.
4. Program Description: Without limiting the scope of the Program, if you opt into a Program, you can expect to receive messages concerning promotions, marketing, sales, reminders (including shopping-cart reminders) with respect to Company events, programs, merchandise, products and services, product delivery status, informational messages concerning Company and its products and services, or similar updates concerning of any of the foregoing.
5. Cost and Frequency: Message and data rates may apply. The Program involves recurring SMS/MMS mobile messages, and additional SMS/MMS mobile messages may be sent periodically based on your interaction with us.
6. Support Instructions: For support regarding the Program, text “HELP” to the number you received in our SMS/MMS mobile messages. Please note (i) that the use of the contact information in the “Contact Us” Section of this Agreement below is not an acceptable method of opting out of a Program, and (ii) that Program opt-out requests must be in accordance with the User Opt Out process set forth above in Section 2 of this Agreement.
7. MMS Disclosure: The Program may send terminating messages if your mobile device does not support our SMS/MMS mobile message delivery systems.
8. Privacy Policy. You hereby agree that Company will collect, process, and retain your personal information provided to us in connection with a Program in accordance with our website Privacy Policy, which may be amended from time to time.
9. Our Disclaimer of Warranty: THE PROGRAM IS OFFERED ON AN “AS-IS” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY CEASE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY SMS/MMS MOBILE MESSAGES CONNECTED WITH A PROGRAM. THE DELIVERY OF SMS/MMS MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. WE ARE NOT LIABLE FOR DELAYED OR UNDELIVERED SMS/MMS MOBILE MESSAGES.
10. Additional Participant Requirements: In order to participate in a Program, you must agree to, and comply with, this Agreement, and you must (i) have a wireless device of your own capable of two-way messaging, (ii) be using a participating wireless carrier, and (iii) 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. We seek to deliver Program messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless); however, delivery of such Program messages are not guaranteed.
11. Age Restriction: You may not participate in the Program if you are under sixteen (16) years of age. If you want to participate in the Program and are between sixteen (16) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By participating in the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable laws and regulations to participate in the Program.
12. WAIVER OF CLASS ACTION; ARBITRATION AGREEMENT: ANY DISPUTE WITH RESPECT TO THE PROGRAM, INCLUDING RECEIPT OF SMS COMMUNICATIONS FROM THE COMPANY, WILL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROVISIONS SET FORTH WITHIN OUR WEBSITE TERMS AND CONDITIONS. FOR THE AVOIDANCE OF DOUBT, A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time; any updates to this Agreement shall be communicated to you (which may include posting updated terms on Company’s website); and you acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
14. Contact Us: If you have questions or concerns regarding this Agreement, please contact us at the following: (email) info@newchapter.com or (mail) New Chapter, ATTN: LEGAL, 90 Technology Drive, Brattleboro, VT 05301.