Mobile Messaging Terms & Privacy
March of Dimes Inc. offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to the following Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). By opting into or participating in the Program, you accept and agree to these Mobile Messaging Terms.
User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile MessagingTerms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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 March of Dimes’ mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Mobile Messaging Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. Alternatively, you may opt out of the Program by calling March of Dimes’ customer services at 1-888-MODIMES or by sending an email to email@example.com. You understand and agree that the foregoing options are the only reasonable methods of opting out. 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.
T-Mobile and AT&T provide daily files for phone numbers that have deactivated from their network or been ported from one carrier to another. We proactively opt-out deactivated numbers from our subscription list.
Duty to Notify and Indemnify: 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. You understand and agree that your agreement to do so is a material part of these Mobile Messaging Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying March of Dimes of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by March of Dimes, 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. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD MARCH OF DIMES, MARCH OF DIMES’ AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER MARCH OF DIMES USES TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY MARCH OF DIMES 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. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM MARCH OF DIMES ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning March of Dimes’ commercial activities and your relationship with March of Dimes, including, but not limited to, messages concerning March of Dimes’ events, campaigns, advocacy, fundraising, your account information, and your orders from March of Dimes.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with March of Dimes.
Support Instructions: For support regarding the Program, text “HELP” to 40789 or email Us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
March of Dimes 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 not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. March of Dimes will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of March of Dimes’ control.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. 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’s or legal guardian’s permission to do so. 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’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
Truthful and Accurate Information: When you complete forms online or otherwise provide March of Dimes with information 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 March of Dimes’ sole discretion, March of Dimes believes that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, March of Dimes may refuse you access to the Program and pursue any appropriate legal remedies.
Information We Collect and How We Use It: The personal information March of Dimes may collect, includes your name, phone number, email address and certain marketing preferences. March of Dimes 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. March of Dimes may use the information for the following business purposes: (1) provide the Program and related customer service; (2) deliver information about March of Dimes products, services and campaigns, (3) improve the Program and services, (4) prevent fraud and comply with law, and (5) protect the security of March of Dimes’ systems. March of Dimes may combine the personal information March of Dimes obtains through your participation in the Program with offline or other online personal information March of Dimes retains about you.