Mobile Messaging Terms and Conditions
United Principles Fund ("UPF," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), subject to these Mobile Messaging Terms and Conditions (the "Terms"). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply STOP to any mobile message from Us in order to opt out of the Program.
User Opt-In
The Program allows users to receive Short Message Service ("SMS") and Multimedia Messaging Service ("MMS") mobile messages by affirmatively opting into the Program, such as by entering your mobile telephone number on one of Our web forms, texting a keyword to Our number, or checking a consent box when you contribute or sign up. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive text messages from United Principles Fund and its authorized messaging vendors at the mobile telephone number you provided, including text messages sent using an automatic telephone dialing system or other automated technology.
Consent is not a condition of contribution. Your consent to receive text messages is not required as a condition of making a contribution to UPF or of receiving any other product or service from Us. You may contribute or participate in Our activities without enrolling in the Program.
Program Description
Without limiting the scope of the Program, users who opt into the Program can expect to receive recurring messages from Us concerning UPF's activities, including news and updates, calls to action, surveys and polls, event and volunteer information, and requests for contributions.
Cost and Frequency
Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us. UPF does not charge for the Program, but your wireless carrier's standard messaging and data rates and fees will apply to messages you send and receive.
Contact Information
For support, text "HELP" in response to any of Our mobile messages, or email info@unitedprinciplesfund.org. You may also write to Us at United Principles Fund, [MAILING ADDRESS].
User Opt-Out and Additional Commands
To opt out (discontinue participation in the Program), reply "STOP" to any of Our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive one additional mobile message confirming your decision to opt out. You may also opt out by texting "QUIT," "END," "CANCEL," "UNSUBSCRIBE," or "STOP ALL" to any of Our mobile messages you receive, or by contacting Us via the means provided above and clearly communicating your intent to unsubscribe from the Program. If you opt out and later wish to rejoin, you may re-enroll through any of Our opt-in methods.
MMS Disclosure
The Program will send SMS Mobile Terminated Messages ("MTs") if your mobile device does not support MMS messaging.
Carrier Disclaimer and No Warranty
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. Wireless carriers are not liable for delayed or undelivered messages. The Program is supported on major U.S. carriers, but not all carriers or devices may be compatible. You represent that you are the account holder for, or have the account holder's permission to use, the mobile telephone number you provided, and you agree to notify Us promptly if you change or deactivate that number.
Privacy Policy
We respect your privacy. By opting into the Program or otherwise sharing your personal information with Us in connection with the Program, you consent to the collection, use, disclosure, and sharing of your information as further outlined in Our Privacy Policy, available at https://unitedprinciplesfund.org/privacy. Your mobile opt-in data and consent to receive text messages will not be shared with or sold to third parties or affiliates for their own marketing or promotional purposes, except to service providers who help Us operate the Program and as required by law.
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 [COUNTY], [STATE] 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 [STATE], 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 these Terms evidence 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.
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 THESE TERMS 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 with 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 arbitrator 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 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 these Terms 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 these Terms 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 reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you by posting the revised Terms on this page and, where appropriate, by other means. 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. These Terms are in addition to, and do not replace, Our Terms of Service.
Paid for by United Principles Fund and not authorized by any candidate or candidate's committee.