Messaging Terms

 

These Telephone/Messaging Terms and Conditions (“Messaging Terms”), which are excerpted from our Terms of Use, govern all automated informational, promotional, and personalized messages sent by or on behalf of Mockingbird to the telephone number (including your mobile telephone number) you provided in connection with your account or a transaction or by opting-in to the Mockingbird text messaging program (the “Program(s)”). Messages include those made through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”) and successor protocols and technologies of any kind (collectively, “Text Message”) and telephone communications of any kind (Text Messages and telephone communications are collectively referred to as “Automated Communications”).

Acknowledgement; Types of Automated Communications
You confirm that any contact information provided to us, including, but not limited to, your mobile telephone number, is true and accurate. You further confirm that you are the current subscriber or owner of any telephone number that you provide, and that you are authorized to provide consent for that telephone number. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account and participation in any Program(s). Should any of your contact information change, including ownership of your telephone number, you agree to immediately notify us before the change goes into effect by texting STOP to any Text Message that you have received from us, updating your account, or opting-out by following the instructions described in the “Cancellation/Opt-Out” section below.

By voluntarily providing your telephone number, you expressly agree to receive such Automated Communications from us through your wireless provider, including, without limitation, communications regarding marketing, offers, promotions, your account(s), your transaction(s), delivery or order notifications, customer service information, information concerning products offered by us, content for any Program(s) you opt-in to, and/or your relationship with us.  You acknowledge and agree that Automated Communications may be from autodialed technology.

Do Not Call Lists; Receipt of Automated Communications
You acknowledge that Automated Communications may be made to your telephone number even if your telephone number is registered on any state or federal Do Not Call list. You agree to receive Automated Communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent status or opt-out (see below). You understand that you do not have to agree to receive Automated Communications as a condition of purchasing any goods or services.

Updates
We may modify or cancel Automated Communications and/or the Program(s) or any of its features without notice. To the extent permitted by applicable law, we may also modify these Messaging Terms at any time and your continued use of the Program(s) or continued acceptance of Automated Communications following the effective date of any such changes shall constitute your acceptance of such changes.

Fees; Charges
We do not charge for Automated Communications or any Program(s), but you are responsible for all charges and fees associated with Text Messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to Automated Communications, including charges from your wireless provider.

Cancellation/Opt-Out
You may opt-out of receiving Automated Communications or unsubscribe from the Program(s) at any time. To opt-out or unsubscribe, you may contact us at support@hellomockingbird.com or text STOP to any Text Message you receive from us. You acknowledge and agree that by texting STOP to any Text Message you receive from us, you will receive a one-time opt-out confirmation Text Message.

Assistance
For support or assistance regarding Automated Communications, the Program or your order, text HELP any text message you receive from us or email support@hellomockingbird.com.

Technical Issues; Release
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Automated Communications and Program(s) are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Program(s) with your new number.

Not all mobile devices may be supported, and our Automated Communications may not be deliverable in all areas; you are responsible for making such a determination and for obtaining and maintaining all telephone devices and other equipment and software and all other services needed to receive such Automated Communications. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through Automated Communications, any errors in such information, and/or any action you may or may not take in reliance on the information provided through any Automated Communication.  By agreeing to receive Automated Communications 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 Federal Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, CAN-SPAM, and/or any similar laws, acts, or statutes.

Privacy
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. 

Disputes
Any disputes arising from the Messaging Terms are governed by the “Binding Arbitration and Class Action Waiver” section as set forth in the Terms of Use.