SMS Terms and Conditions
LAST REVISED: June 21, 2018
The following terms and conditions apply to the VP Resales, LLC and Vacation Property Resales, Inc. (collectively, “we”, “us” or “our”) promotional text message program (the “Program”). Please read these terms and conditions carefully. By enrolling in the Program, you agree to these terms and conditions.
By enrolling in the Program, you give consent for us to send you marketing text messages using an autodialer at the telephone number provided by you at enrollment. You acknowledge that your consent to receive these marketing text messages is not required to purchase any goods or services and you may opt-out of the Program at any time as described below.
Program Description and Cost
We may contact you to provide you with information about our services, special offers and promotions. We do not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
We anticipate a typical Program participant will receive approximately 1 message per month; however, the number of text messages you receive may vary significantly depending on our promotions during any month and the need for us to provide normal business communications to you.
Supported carriers include: [insert list].
Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.
You may opt-out of the Program by texting STOP to [insert number]. You will then receive one message confirming your opt-out. If you are participating in any other text message programs provided by us, you must opt-out of those programs separately.
You may obtain assistance with the Program by texting HELP to [insert number] or by emailing us at email@example.com.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify us immediately at firstname.lastname@example.org. You agree to indemnify us for all claims, expenses and damages related to or caused in whole or in part by your failure to notify us immediately of a change in your telephone number.
Disclaimer of Warranties
The Program and all information conveyed by it are provided to you on an “AS-IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, we disclaim all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. We are not responsible for cellular network or equipment performance and you release us of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.
The Program and these terms and conditions are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Any controversy, claim or dispute arising out of or related to these terms and conditions or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be brought in a court of competent jurisdiction in Hillsborough County, Florida, and the parties waive any objection based upon the personal jurisdiction of such court. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE, WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL, AND WAIVES ANY RIGHT TO BRING A DISPUTE MORE THAN ONE YEAR FROM WHEN IT KNEW OR SHOULD HAVE KNOWN OF THE CONTROVERSY, CLAIM OR FACTS FORMING THE BASIS OF THE DISPUTE.