SMS Terms of Service
Your use of the Braves Development Company, LLC (“BDC”, “we”, or “us,” or “our”) services to receive short message services and/or multi-media services (“Messages”) for marketing and non-marketing purposes from us through the Constant Contact, Inc. platform (the “SMS Services”) is subject to these SMS Terms of Service (these “SMS Terms”). The SMS Services and our collection and use of your personal information is also subject to our SMS Privacy Policy. By providing your mobile phone number to us, enrolling to use, using or accessing the SMS Services, you accept and agree to these SMS Terms and our SMS Privacy Policy. As used in these SMS Terms, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these SMS Terms.
IF YOU DO NOT AGREE TO ALL OF THESE SMS TERMS, DO NOT USE THE SMS SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE SMS TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE SMS PRIVACY POLICY.
* SMS Services Description: You hereby agree that we may send marketing and non-marketing Messages, through the SMS Services which may include transactional Messages. Marketing Messages advertise and promote our products and services and may include promotions, specials, other marketing offers, abandoned checkout reminders and other relevant information. Transactional Messages relate to an existing or ongoing transaction and may include updates and other transaction-related information. Messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we and our third-party service providers may send you Messages regarding the foregoing topics and that such Messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for Messages sent through the SMS Services but you are responsible for any Message and data rates imposed by your mobile provider, as standard data and Message rates may apply for short Message alerts. We do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide our SMS Services.
* Eligibility: To be eligible to receive SMS Services, you represent and warrant that you: (i) are a resident of the United States and 18 years of age or older, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the SMS Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to us; (v) have full power and authority to enter into these SMS Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of us or any third party.
* User Opt-In: By providing your mobile phone number to us, you are voluntarily and affirmatively opting in to the SMS Services and you agree to receive recurring Messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You represent and warrant that any mobile phone number you provide to us is a valid mobile phone number of which you are the valid account owner or authorized user and is not registered on any state or federal “Do Not Call” list. If you change your mobile phone number or are no longer the valid account owner or authorized user of the mobile phone number, you are responsible for notifying us immediately at batteryinfo@braves.com. Your use of the SMS Services is not required to make any purchase from us and your use of the SMS Services is completely voluntary.
* User Opt-Out and Support: You may opt-out of the SMS Services at any time. If you wish to opt-out of the SMS Services and stop receiving Messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any Message from us. You may continue to receive Messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to use the SMS Services again, just opt-in as you did the first time, or text START to a Message sent by us, and we will start sending Messages to you again. For support, reply HELP to any Message from us.
The SMS Services may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code we use to operate the SMS Services and we will make commercially reasonable efforts to notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
* Disclaimer of Warranty and Liability: Your use of the SMS Services is at your sole risk. The SMS Services and Messages are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. WE DO NOT WARRANT THAT THE SMS SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SMS SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO THE SMS SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
* Limitation of Liability: UNDER NO CIRCUMSTANCES WILL BDC, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“BRAVES PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SMS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SMS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
A BRAVES PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF ONE THOUSAND ($1000) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE BRAVES PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY US TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION AND THE SECTION ABOVE WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
* Indemnity: You agree to defend, indemnify and hold the Braves Parties harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to (i) any violation of these SMS Terms by you; (ii) any other content or material you submit or otherwise transmit through our SMS Services; (iii) your violation of any rights of another; or (iv) your use of the SMS Services or the Message, including, but not limited to, your failure to notify us if you change your mobile phone number or any claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
* Dispute Resolution: Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings 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 in arbitration each party waives any right to a jury trial.
* Modifications: We may revise, modify, amend, suspend or cancel all or any part of the SMS Services or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to our website or websites associated with the SMS Services. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued use of the SMS Services will constitute your acceptance of those modifications or changes.
* Modifications: No amendment to these SMS Terms by you by shall be effective unless acknowledged in writing by us. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to modify these SMS Terms or the policies referenced herein at any time as set forth above. These SMS Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that we shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our SMS Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these SMS Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these SMS Terms without our prior written consent. Our failure to insist upon or enforce any provision of these SMS Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these SMS Terms, will survive the termination of these SMS Terms and termination of the SMS Services. All headings included in these SMS Terms are included for convenience only, and shall not be considered in interpreting these SMS Terms. All rights and remedies available to us, pursuant to these SMS Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to us. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the SMS Services, or any other materials issued in connection therewith, or exploitation of the SMS Services or any content or other material used or displayed through the SMS Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and us, to claim a beneficial interest in these SMS Terms or any rights occurring by virtue of these SMS Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these SMS Terms.
If you have any questions, complaints, or claims, you may contact us at batteryinfo@braves.com.