MarketSmart 365 - The Program allows users to receive standard rate SMS/MMS mobile alerts (recurring message frequency may vary based on the campaign you've opted into - message & data rates may apply) that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through confirming your opt-in by replying to an opt-in confirmation message or entering your phone number on a digital kiosk or web form.
The mobile messaging service used by Company to communicate with you is TCPA-compliant and requires human intervention for Company's mobile messages to be initiated, and does NOT have the capacity to randomly or sequentially generate telephone numbers. Thus, Company's mobile messages are NOT sent to you by an automatic telephone dialing system ("ATDS" or "autodialer"). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.
For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the MESSAGING CODE listed.
You will not receive any unsolicited messages from our messaging codes.
To receive information about the service from your cellular phone you can send HELP to the MESSAGING CODE, email firstname.lastname@example.org, or call 570-650-5021
To Opt-Out (discontinue service), text "STOP" to the MESSAGING CODE from your mobile device. You will not receive any additional messages other than a message to confirm you've opted out. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive.
To get help, you may send or reply 'HELP' to the MESSAGING CODE you received the message from..
Message and data rates may also apply according to your specific cellular plan or prepaid conditions.
We will not share or use your mobile number for any other purpose.
Our service never charges consumers to 'receive' or 'reply to' text messages. However, depending on your mobile service plan, message & dates rates may apply.
SUPPORTED CARRIERS - US
Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile
SUPPORTED CARRIERS - CANADA
Aliant Mobility, Bell Mobility, Fido, Mobilicity, Public Mobile, Rogers Wireless, Sasktel Mobility, Telebec Mobilite, Telus Mobility, Videotron, Virgin Mobile Canada, Wind Mobile
The following content categories are considered deceitful and nuisance campaigns which may result in high volumes of SPAM complaints on the carrier networks. Due to these issues, we do NOT support any campaign under the following categories, regardless of any prior approval.
- Payday Loans
- Non-Direct Lenders
- Debt Collection
- Debt Consolidation
- Debt Reduction
- Credit Repair Programs
- Cannabis, CBD
- Illegal Prescriptions
Work & Investment Opportunities
- Work from Home Programs
- Job Alerts from 3rd party Recruiting Firms
- Risk Investment Opportunities
- Any other illegal content
- Lead generation indicating the sharing of collected information with third parties
- Campaign types not in compliance iwth the recommensations or prohibited by the CTIA MESSAGING CODE Monitoring Handbook, Version 1.7 or later.
- Campaign types not in compliance with the recommendations of or prohibited by the CTIA Messaging Principles and Best Practices – 2019 version
* The wireless carriers are not liable for delayed or undelivered messages
MarketSmart 365 will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
MarketSmart 365 respects your privacy. We will only use information you provide as it relates to messages you receive from us. We will not sell your personal information or share it with any 3rd parties. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
ADDITIONAL TERMS OF SERVICE:
By opting in and choosing to engage in any one of our mobile messaging campaigns you are agreeing to the following Terms of Service:
* IF WE DETERMINE THAT YOU ARE ABUSING THE SYSTEM, WE RESERVE THE SOLE RIGHT TO BLOCK YOU FROM RECEIVING MESSAGES AND PARTICIPATING IN MOBILE CAMPAIGNS *
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, 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 through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys' fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys' fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.