{"id":60,"date":"2023-04-01T19:01:43","date_gmt":"2023-04-01T23:01:43","guid":{"rendered":"https:\/\/mw2024.local\/?page_id=60"},"modified":"2023-06-07T21:31:35","modified_gmt":"2023-06-08T01:31:35","slug":"mobile-messaging-terms","status":"publish","type":"page","link":"https:\/\/marianne2024.com\/es\/mobile-messaging-terms\/","title":{"rendered":"Mobile Messaging Terms &amp; Conditions and Privacy Policy"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"60\" class=\"elementor elementor-60\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section data-particle_enable=\"false\" data-particle-mobile-disabled=\"false\" class=\"elementor-section elementor-top-section elementor-element elementor-element-5d396396 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"5d396396\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-37e60277\" data-id=\"37e60277\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-fdfd213 elementor-widget elementor-widget-heading\" data-id=\"fdfd213\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h2 class=\"elementor-heading-title elementor-size-default\">Terms<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-742a56c6 elementor-widget elementor-widget-heading\" data-id=\"742a56c6\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<h2 class=\"elementor-heading-title elementor-size-default\">Mobile Messaging Terms &amp; Conditions and Privacy Policy<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-7c5ab013 elementor-widget elementor-widget-text-editor\" data-id=\"7c5ab013\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>Effective Date: Feb 1, 2023<\/p><p>Marianne Williamson for President (hereinafter \u201cWe,\u201d \u201cUs,\u201d \u201cOur\u201d)\u00a0is offering a mobile messaging\u00a0program (the \u201c<strong>Program<\/strong>\u201d), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the \u201c<strong>Terms<\/strong>\u201d).\u00a0 By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the \u201c<strong>Dispute Resolution<\/strong>\u201d section below.\u00a0 These Terms are limited to the Program and are not intended to modify other terms &amp; conditions or privacy policy(ies) that may govern the relationship between you and Us in other contexts.<\/p><p><strong>Modification of Terms:<\/strong>\u00a0 We\u00a0reserve the right to revise these Terms from time to time.\u00a0 If we do revise these Terms, the revised terms will supersede prior revisions.\u00a0 Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms.\u00a0 Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms.\u00a0 Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions.\u00a0 If you do not agree to the revisions, you must opt out of the Program.<\/p><p><strong>User Opt In:<\/strong>\u00a0The Program allows users to receive mobile messages\u00a0by affirmatively opting into the Program.\u00a0 Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program.\u00a0 <strong>By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in.\u00a0<\/strong> While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (\u201c<strong>ATDS<\/strong>\u201d or \u201c<strong>autodialer<\/strong>\u201d).\u00a0 <strong>Message and data rates may apply.<\/strong><\/p><p><strong>User Opt Out:<\/strong>\u00a0If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply \u201cSTOP,\u201d \u201cQUIT,\u201d \u201cEND,\u201d \u201cCANCEL,\u201d \u201cUNSUBSCRIBE,\u201d or \u201cSTOP ALL\u201d to any mobile message from Us in order to opt out of the Program.\u00a0 You may receive an additional mobile message confirming your decision to opt out.\u00a0 You understand and agree that the foregoing options are the only reasonable methods of opting out.\u00a0 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.<\/p><p><strong>Duty to Notify and Indemnify:<\/strong> If at any time you intend to stop using the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.\u00a0 You understand and agree that your agreement to do so is a material part of these Terms.\u00a0 You further agree that, <strong>if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys\u2019 fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number.\u00a0<\/strong> This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.<\/p><p><strong>YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. \u00a7 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.<\/strong><\/p><p><strong>Program Description:<\/strong>\u00a0Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning Our activities and your relationship with Us, including, but not limited to, messages concerning our advocacy programs and campaigns, the issues and organizations we support, and fundraising solicitations from Us.<\/p><p><strong>Cost and Frequency:\u00a0Message and data rates may apply.<\/strong> The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. You will receive up to 15 messages per week. If you have any questions about your text plan or data plan, please contact your wireless provider.<\/p><p><strong>Support Instructions:\u00a0For support regarding the Program, text\u00a0\u201cHELP\u201d\u00a0to 96551 or email\u00a0Us at info@marianne2024.com.<\/strong>\u00a0 Please note that the use of this email address is not an acceptable method of opting out of the program.\u00a0 Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.<\/p><p><strong>MMS Disclosure:<\/strong>\u00a0The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.<\/p><p><strong>Our\u00a0Disclaimer of Warranty:<\/strong>\u00a0The Program is offered on an \u201cas-is\u201d basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier.\u00a0 We\u00a0will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program.\u00a0 Delivery of mobile messages is subject to effective transmission from your wireless service provider\/network operator, and is outside of Our\u00a0control.\u00a0 Carriers are not liable for delayed or undelivered mobile messages.<\/p><p><strong>Age Restriction:<\/strong> You may not use or engage with the Program if you are under thirteen (13) years of age.\u00a0 If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent\u2019s or legal guardian\u2019s permission to do so.\u00a0 By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have your parent\u2019s or legal guardian\u2019s permission to use or engage with the Program, or are of adult age in your jurisdiction.\u00a0 By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction\u2019s applicable law to use and\/or engage with the Program.<\/p><p><strong>Truthful and Accurate Information:<\/strong>\u00a0 When you complete forms online or otherwise provide Us\u00a0information in connection with the Program, 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, in Our\u00a0sole discretion, We believe\u00a0that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We\u00a0may refuse you access to the Program and pursue any appropriate legal remedies.<\/p><p><strong>Mobile Messaging Privacy Policy:<\/strong> We\u00a0respect your privacy. This Mobile Messaging Privacy Policy describes any personal information that We collect or receive when you choose to participate in the Program, how We use or disclose your information, and your rights related to your personal information.\u00a0 This Mobile Messaging Privacy Policy applies to all personal information collected, used, or shared by us when you opt-in to the Program and is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.\u00a0 Please contact Us if you have any questions about the information in this Privacy Policy.<\/p><p><strong>Information We Collect and How We Use It:<\/strong> The personal information We may collect, includes your name, phone number, email address and certain marketing preferences. We may also collect data with respect to confirmation that a message has been delivered to you, confirmation that you have read a message, and related information. We may use the information for the following purposes: (1) provide the Program and related customer service; (2) respond to your requests, (3) deliver information about Our campaigns, services and promotions, (4) improve the Program and services, (5) prevent fraud and comply with law, and (6) protect the security of Our systems. We may combine the personal information We obtain through your participation in the Program with offline or other online personal information We retain about you.<\/p><p><strong>When We Share Your Information:<\/strong> Information that you provide to us through the Program may be shared with third parties for the same purposes as outlined in our website\u2019s privacy policy, which is available <a href=\"https:\/\/marianne2024.com\/es\/privacy-policy\/\">here<\/a>. However, this excludes text messaging originator opt-in data and consent, which we do not share with third parties. However, We may share originator opt-in data and consent with Our third-party text messaging platform provider as may be necessary to send you messages under the Program and these Terms. We also reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property.<\/p><p><strong>Contact Us:<\/strong> To exercise any of your rights related to your personal information, please contact us using one of the following methods:<br \/>Visit us at <a href=\"https:\/\/marianne2024.com\/es\/\">https:\/\/marianne2024.com<\/a>;<br \/>Send us an email at info@marianne2024.com.<\/p><p><strong>California Residents.<\/strong>\u00a0 As a non-profit, we are not a \u201cbusiness\u201d subject to the California Consumer Privacy Act (\u201cCCPA\u201d).<\/p><p><strong>Dispute Resolution:<\/strong> In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Program Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Oakland, California before one arbitrator.<\/p><p>The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (\u201c<strong>AAA<\/strong>\u201d) then in effect.\u00a0 Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules.\u00a0 Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years\u2019 experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.\u00a0 If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.\u00a0 In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (\u201c<strong>FAA<\/strong>\u201d).\u00a0 The parties also agree that the AAA\u2019s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.\u00a0 The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.\u00a0 Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.\u00a0 The parties agree that the arbitrator shall have the authority to award attorneys\u2019 fees only to the extent expressly authorized by statute or contract.\u00a0 The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.\u00a0 The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.\u00a0 Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.\u00a0 If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.\u00a0 If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.\u00a0 This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.<\/p><p><strong>Miscellaneous:<\/strong>\u00a0You warrant and represent to Us\u00a0that 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.\u00a0 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.\u00a0 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.\u00a0 Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>Terms Mobile Messaging Terms &#038; Conditions and Privacy Policy Effective Date: Feb 1, 2023 Marianne Williamson for President (hereinafter \u201cWe,\u201d \u201cUs,\u201d \u201cOur\u201d)\u00a0is offering a mobile messaging\u00a0program (the \u201cProgram\u201d), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the \u201cTerms\u201d).\u00a0 By opting into or participating in [&hellip;]<\/p>","protected":false},"author":13,"featured_media":8079,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-60","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/pages\/60","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/comments?post=60"}],"version-history":[{"count":0,"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/pages\/60\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/media\/8079"}],"wp:attachment":[{"href":"https:\/\/marianne2024.com\/es\/wp-json\/wp\/v2\/media?parent=60"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}