Mobile Messaging Terms & Conditions Last Updated: August 9, 2021
By opting in to receive informational and marketing text messages from Fanatics, Inc. or our subsidiaries, affiliates, and/or partners (“Fanatics,” "We," "Us," "Our") on behalf of [Fanatics] (the “Program”), you agree to these Mobile Messaging Terms and Conditions (the “Messaging Terms”). Your participation in the Program is also subject to our Privacy Policy, Terms of Use and any other applicable terms and agreements related to your use of the Program and Our services. These Messaging Terms are not intended to modify other terms or the Privacy Policy that may govern the relationship between you and Us in other contexts.
Our Terms of Use contain an arbitration provision and a class action waiver, which are incorporated into these Messaging Terms and apply to your participation of the Program. By using the Program, YOU AGREE TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT
Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated informational and marketing text messages (such as SMS, MMS, or successor protocols or technologies) from, or on behalf of, Us that may be sent using an automatic telephone dialing system, concerning, without limitation, products, offers, promotions, your account, and order status notifications to the mobile telephone number you provided when signing up or any other number that you designate, even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Program Availability and Frequency: The Program is only available for mobile phone numbers with an area code within the 50 United States or the District of Columbia. By enrolling in the Program, you agree to these Messaging Terms, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the Program will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Program. Message frequency will vary. Fanatics reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Fanatics also reserves the right 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 or by all mobile phone carriers. Fanatics, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We do not charge a fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
Participation Requirements: By participating in the Program, you acknowledge and agree that you are over the age of eighteen (18) or are of the age of majority in your jurisdiction. 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 text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. Text the keyword STOP to our shortcode to cancel. You acknowledge and agree to accept a final text message confirming your opt-out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, UNSUBSCRIBE OR QUIT keyword command and agree that Fanatics and its service providers will have no liability for failing to honor such requests. If you unsubscribe from the Program with respect to particular site and/or shortcode, you may continue to receive text messages from Fanatics and/or it affiliates through any other programs you have joined and/or via any other shortcodes until you separately unsubscribe from those programs. You may also text HELP or email us at smshelp@fanatics.com for help.
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by email to smshelp@fanatics.com.
Help: Text the keyword HELP to our shortcode to return customer care contact information. You can also email us at smshelp@fanatics.com for help.
Indemnification to Us: In addition to any other indemnification, you agree to indemnify, defend and hold Us harmless from and against any and all privacy, tort or other claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number.
Release of Claims: By agreeing to receive text messages from Us, you agree to release Us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule and/or any state and local acts or statutes that may apply to the Program.
Termination of Text Messaging: We may suspend or terminate your receipt of text messages if We believe you are in breach of these Messaging Terms. Your receipt of text messages from Us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice.
Changes to these Messaging Terms: These Messaging Terms may change at any time. We will post the revision date with the revised Messaging Terms. The revised Messaging Terms will apply to you for any text messages you receive after the revision date, so please check back from time to time.
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