MOBILE TERMS AND
CONDITIONS
SHORTCODE: 24455
PROGRAM: CHANDON Promotional Alerts
FREQUENCY: Periodic Messaging
PRICING: Msg&Data rates may apply.
CONTACT: CHANDON 1-800-251-8200 or chandon@moethennessy.com
APPLICATION PROVIDER: SUMOTEXT, Inc. 1-800-480-1248
CHANDON Promotional
Alerts:
CHANDON Promotional Alerts is a standard rated subscription alert service
providing time-sensitive mobile alerts to customers that include news,
invitations, promotional offers, MMS and information about CHANDON products.
You can opt-in by texting JOIN to 24455
By signing up you agree to receive marketing text messages. We do not use an
automatic telephone dialing system to generate, store, or deliver our text
messages. Consent is not required to purchase goods or services.
USER OPT-OUT:
To Opt-Out (discontinue
service), text "STOP" to "24455" from your
mobile device. You will not receive any additional messages. You may also
Opt-out by texting "QUIT", "END",
"CANCEL", "UNSUBSCRIBE", or "STOP ALL" to
any text message you receive or to short code 24455.
HELP:
To get help, text "HELP"
to "24455" or email chandon@moethennessy.com or call 1-800-251-8200
CARRIERS SUPPORTED
AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S.
Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA,
Cambridge Telecom, Cellcom, Cellular South,
Centennial, Cincinnati Bell, Cricket Communications, Cellular One of East
Central Illinois, Appalachian Wireless, Farmer's Mutual Telephone Company,
General Communications, Golden State Cellular, PC Management, Inland Cellular,
Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South
Central, Syringa, Thumb Cellular, UBET Wireless, Unicel,
United Wireless, and West Central Wireless.
*T-Mobile is not liable for delayed or undelivered messages
Complete Terms and
Conditions & Privacy Policy:
Warranty
CHANDON will not be liable for any delays in the receipt of any SMS messages
connected with our sms Gateway. Delivery of SMS
messages is subject to effective transmission from your wireless service
provider/network operator.
Sensitive Company
Information
We regard the data on our databases as extremely sensitive company information.
As such, we have invested a great deal of time and money in both the physical
and network security of our infrastructure. Our connections to our aggregators
are made through secure SSL connections. Our application servers and databases
are completely hidden from the public internet behind multiple layers of
security and only accessible by our development staff through a secure VPN
connection.
The data center housing
our dedicated servers and hosting our sms Gateway and
short codes is fully hardened, offering card entry security, cameras, fire
detection, and intrusion detection - and all with full UPS, battery backup, and
diesel generators. Our data communications networks are fully redundant with
multiple Tier 1 & Tier 2 class providers, are staffed 7x24x365, and have
over a dozen fail-safe/fail-over security features.
Privacy
CHANDON respects your privacy. We will only use information you provide to
transmit your text message. Nonetheless, we reserve the right at all times to
disclose any information as necessary to satisfy any law, regulation or
governmental request, to avoid liability, to protect our rights or property, or
to accurately report donations for an sms Giving program. When you
complete forms online or otherwise provide mobile marketing companies
information in connection with the Service, you agree to provide accurate,
complete, and true information. You agree not to use a false or misleading name
or a name that you are not authorized to use. If we, in our sole discretion,
believe that any such information is untrue, inaccurate, or incomplete, we may
refuse you access to the Service and pursue any appropriate legal
remedies.
We maintain and process your messages to provide the Service to you and to
improve the Service. Our computers may process the information in your messages
for various purposes, including formatting and displaying the information to
you, preventing unsolicited bulk messages (spam), backing up messages, and
other purposes relating to offering you the Service.
DISPUTE RESOLUTION:
In the event that there
is a dispute, claim or controversy between you and Us, or between you and any
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, these Terms, Our Privacy Policy, or the
breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim or controversy will be determined by arbitration
in North Carolina before one arbitrator. The arbitration will be
administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive
Arbitration Rules and Procedures in effect at the time the arbitration is
commenced will apply. For claims less than or equal to $250,000, the JAMS
Streamlined Arbitration Rules in effect at the time the arbitration is
commenced will apply. The arbitrator will apply the substantive law of the
State of North Carolina , exclusive of its
conflict or choice of law rules. Nothing in this paragraph will preclude the
parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. The parties acknowledge that this Agreement evidences
a transaction involving interstate commerce. Notwithstanding the provision in
this paragraph with respect to applicable substantive law, the Federal
Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted
pursuant to these Terms. Either party may commence arbitration by providing to
JAMS and the other party to the dispute a written demand for arbitration,
setting forth the subject of the dispute and the relief requested (“Arbitration
Demand”).
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 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 reserves 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.