Vitalant SMS Program Terms & Conditions
SMS Terms and Conditions (best to be linked from directly adjacent to a mobile number entry page)
- By subscribing to Vitalant alerts, the user consents to receive automated text messages (e.g., SMS and MMS) from Vitalant. This is a recurring message campaign designed to remind you of upcoming appointments, opportunities to donate blood, and specific needs in your community. Consent to receive automated text messages is not a condition of any purchase or required to donate blood. Vitalant 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. Vitalant also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
- There is no fee from Vitalant to receive text messages. Message and data rates may apply. Please check with your mobile service provider regarding applicable fees. Any mobile service provider message and data charges are billed by and payable to your mobile service provider.
- If you have any questions, text HELP to 24108 or contact us at 877-258-4825 or email@example.com. To stop receiving messages, text STOP to 24108. After texting STOP to our short code you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Vitalant and its service providers will have no liability for failing to honor such requests.
- Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages.
- We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.
- Any dispute, controversy, or claim regarding Vitalant’s messaging services shall be resolved by final and binding, bilateral arbitration. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. Unless the parties otherwise agree, the arbitration shall be conducted before a single arbitrator. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out of binding arbitration by sending a timely written notice of your decision to opt out, within thirty (30) days of the date you first become subject to these Terms and Conditions. If you wish to opt out, notice should be sent to: Vitalant National Office: 9305 E. Via De Ventura, Scottsdale, AZ 85258, Attn: General Counsel.
- You agree to resolve any dispute, controversy, or claim regarding Vitalant’s messaging services in an individual capacity, and not on behalf of, or as part of, any purported class or representative proceeding.
- If any part or parts of these Terms and Conditions is found to be invalid or unenforceable, then those parts shall be of no force and effect and the remainder of the Terms and Conditions will continue in full force and effect.