THE FACTS NOW SMS MESSAGING PROGRAM TERMS AND CONDITIONS
These terms (“Terms”) govern your agreement to receive recurring automated and informational text (e.g., SMS and MMS) messages from THE FACTS NOW, a division of Tobacco Free Florida (administered through the Florida Department of Health) regarding its tobacco youth prevention program (“Program”), including text messages that may be sent using an automatic telephone dialing system, to the (1) mobile telephone number you provided when signing up, (2) the mobile number from which you signed up, or (3) any other number that you designate. Msg & Data rates may apply. You must be at least 13 years of age to participate in the Program.
Message frequency will vary.
Messages will vary depending on your engagement. Where no engagement, expect to receive a max of up to 2 unsolicited messages. THE FACTS NOW reserves the right to alter the frequency of messages sent at any time and to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. THE FACTS NOW, its service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.
Problems? For help, Text HELP to 44455, or e-mail firstname.lastname@example.org for assistance.
Contact. This Program is a service of the Florida Department of Health | Bureau of Tobacco Free Florida 4052 Bald Cypress Way, Bin C-23 Tallahassee, Florida 32399-1743
Changes to Messaging Terms. We reserve the right to terminate or change the Program at any time. We also reserve the right to change these Terms at any time and such changes will be effective immediately upon posting. Your continued receipt of messages from us following such changes shall constitute your acceptance of such changes.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FACTS NOW, TOBACCO FREE FLORIDA AND THEIR RESPECTIVE CONTRACTORS AND SERVICES PROVIDERS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR PARTICIPATE IN THE PROGRAM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PROGRAM EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
To the extent permitted by law, any dispute you have with the Released Parties regarding the Program shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to recover reasonable attorney’s fees from the other party. However, nothing shall prevent either you or the Released Parties from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Program. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE RELEASED PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW AND JURISDICTION
This Program is controlled and operated from the United States. These Terms shall be governed by the laws of Florida, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a local court located Tallahassee, Florida or the United States District Court for the Northern District of Florida, for any actions not subject to the arbitration provisions set forth above.
About Us. THE FACTS NOW is an education and tobacco use prevention program dedicated to preventing initiation of tobacco use among Florida’s youth and young adults. THE FACTS NOW is administered through the Florida Department of Health’s Bureau of Tobacco Free Florida (tobaccofreeflorida.com). For more information, visit www.thefactsnow.com.
Mobile Message Details:
text Walker to 44455
text Katia to 44455
to receive further information regarding THE FACTS NOW commercials and testimonial stories.
For help, Text HELP to 44455, or e-mail email@example.com for assistance.
To opt out, Text STOP to 44455.