MS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Wildbrand Products LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program
(the “Program”), which you agree to use and participate in subject to these Mobile Messaging
Terms and Conditions and our Privacy Policy (available at
https://) (the “Agreement”). By opting in to or
participating in any of our Programs, you accept and agree to these terms and conditions,
including, without limitation, your agreement to resolve any disputes with us through binding,
individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement
is limited to the Program and is not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and Us in other contexts.
● User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by
affirmatively opting into the Program, such as through online or application-based
enrollment forms. Regardless of the opt-in method you utilized to join the Program, you
agree that this Agreement applies to your participation in the Program. By participating in
the Program, you agree to receive auto-dialed 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 Our mobile messages are sent using an automatic telephone
dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message
frequency varies.
● User Opt-Out: If you do not wish to continue participating in the Program or no longer
agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or
QUIT 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. You
understand and agree that the foregoing options are the only reasonable methods of
opting out. You acknowledge that our text message platform may not recognize and
respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or
the addition of other words or phrases to the command, and agree that Wildbrand
Products LLC and its service providers will have no liability for failing to honor such
requests. 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.
● Program Description: Without limiting the scope of the Program, users that opt into the
Program can expect to receive messages concerning the marketing, promotion,
payment, delivery, and sale of grills, accessories, seasonings, manufactured parts, etc.
Messages may include checkout reminders.
● Cost and Frequency: Message and data rates may apply . You agree to receive
messages periodically at our discretion. Daily, weekly, and monthly message frequency
will vary. The Program involves recurring mobile messages, and additional mobile
messages may be sent periodically based on your interaction with us.
● Support Instructions: For support regarding the Program, text “HELP” to the number
you received messages from or email us at support@wildbrandproducts.com. 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 procedures set forth above.
● MMS Disclosure: The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.
● Our 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. 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. Carriers are not
liable for delayed or undelivered mobile messages.
● Participant Requirements: You must have a wireless device of your own, capable of
two-way messaging, be using a participating wireless carrier, and be a wireless service
subscriber with a text messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities for specific
text-messaging instructions
● Age Restriction
You may not use or engage with the Platform if you are under thirteen (13) years of age.
If you use or engage with the Platform and are between the ages of thirteen (13) and
eighteen (18) years, 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) years, 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
Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform,
you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable
Law to use and/or engage with the Platform.
● Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform.
Prohibited content includes:
1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking
activity.
2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry,
hatred, and discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
4. Any product, service, or promotion that is unlawful where such product, service, or
promotion is received.
5. Any content that implicates and/or references personal health information protected by
the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act (“HITECH Act”).
6. Any other content prohibited by Applicable Law in the jurisdiction from which the
message is sent.
● Dispute Resolution
In the event of a dispute, claim, or controversy between you and Wildbrand Products
LLC, or between you and any third-party service provider acting on our behalf to transmit
mobile messages within the scope of the Program, arising from or relating to federal or
state statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation, or validity thereof, including the determination of the
applicability of this agreement to arbitration, such dispute will, to the fullest extent
permitted by law, be determined by arbitration in Boone, North Carolina, before one
arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in
effect. Except as otherwise provided herein, the arbitrator shall apply the substantive
laws of the Federal Judicial Circuit in which Wildbrand Products LLC’s principal place of
business is located, without regard to its conflict of laws rules. 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 years’ experience in that capacity and who has knowledge
of and experience with the subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an
arbitrator who must satisfy the same experience requirement.
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 (“FAA”). The
parties also agree that the AAA’s rules governing Emergency Measures of Protection
shall apply in lieu of seeking emergency injunctive relief from a court. 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. 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
reasoned decision. The parties agree that the arbitrator shall have the authority to award
attorneys’ fees only to the extent expressly authorized by statute or contract. 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.
**THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING.** Further, unless both parties agree otherwise in a
signed writing, the arbitrator may not consolidate more than one person’s claims and
may not preside over any form of a representative or class proceeding.
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. If any term or provision of this Section is
found to be 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. If for any reason
a dispute proceeds in court rather than in arbitration, the parties hereby waive any right
to a jury trial. This arbitration provision shall survive any cancellation or termination of
your agreement to participate in any of our Programs.
● Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call
Act as applicable to Florida residents. For purposes of compliance, you agree that we
may assume that you are a Florida resident if, at the time of opt-in to the Program, (1)
your shipping address, as provided, is located in Florida or (2) the area code for the
phone number used to opt into the Program is a Florida area code. You agree that the
requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not
apply to you, and you shall not assert that you are a Florida resident if you do not meet
either of these criteria or do not affirmatively advise us in writing that you are a Florida
resident by sending written notice to us. Insofar as you are a Florida resident, you agree
that mobile messages sent by us in direct response to mobile messages or requests
from you (including but not limited to responses to keywords, opt-in, help or stop
requests, and shipping notifications) shall not constitute a "telephonic sales call" or
"commercial telephone solicitation phone call" for purposes of Florida Statutes Section
501 (including but not limited to sections 501.059 and 501.616) to the extent the law is
otherwise relevant and applicable.
● 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 in this
Agreement or the performance of such obligations will place you in breach of any other
contract or obligation. The failure of either party to exercise any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement 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 this Agreement unless explicitly stated
otherwise in writing. We reserve the right to change this Agreement from time to time.
Any updates to this Agreement shall be communicated to you. You acknowledge your
responsibility to review this Agreement 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
this Agreement, as modified.