Nikki Haley for President, Inc. (“NHFP”), (collectively referred to herein as “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning news alerts, action items, and donation requests from NHFP, Team Stand for America, and Nikki Haley individually. Cost and Frequency: Message and data rates may apply. The Program involves mobile messages, and additional mobile messages may be sent based on your interaction with Us. Message frequency varies. Carriers are not liable for delivered or undelivered messages.
User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program, such as through online enrollment forms or by texting a provided keyword to 48324 or any successor short code to opt into the Program. By opting-in, you hereby recognize and agree you are providing your consent to receive recurring mobile messages from multiple long codes or any successor short code used by Us at the provided phone number and that you have the authority to opt the provided phone number into our Program. You further recognize that you are opting in to receive communications from each of Us as separate and individual entities. Messages may be sent by Us directly or by third-parties acting on our behalf. Regardless of the opt-in method you utilize to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Us to communicate with you requires human intervention for Our mobile messages to be initiated and sent, and thus Our mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, YOU HEREBY EXPRESSLY AGREE TO RECEIVE AUTODIALED MARKETING MOBILE MESSAGES FROM US AND YOU UNDERSTAND THAT CONSENT IS NOT REQUIRED AS A CONDITION TO PARTICIPATE OR TO MAKE ANY PURCHASE FROM US.
User Opt Out: To opt out (discontinue participation in Program), reply “STOP” to 48324, or to any of Our mobile messages from your mobile device. The entity sending such text will be the entity that processes your opt-out request and you will need to send separate and individual opt-out requests to each entity if you wish to opt-out of communications from each participating entity. Sending “STOP” is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out and you hereby consent to the receipt of such opt out confirmation message. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to 48324 or to any of Our mobile messages you receive, or by contacting Us via the means provided below and clearly communicating your intent to unsubscribe from the Program.
Contact Information: For support text “HELP” to 48324 or (803) 310-2327, or in response to any of Our mobile messages. You may also email [email protected].
MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.
Our Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms 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 these Terms 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 these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms 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 these Terms, as modified.