SCHOOL FAMILY MEDIA, LLC | TEXT MESSAGING TERMS & CONDITIONS
SCHOOL FAMILY MEDIA, LLC’S
TEXT MESSAGING TERMS & CONDITIONS
Last Updated: June 5, 2024
• INTRODUCTION
• PRIVACY
• TEXT MESSAGING PROGRAM
• TEXT MESSAGING PROGRAM ENROLLMENT
• COSTS & FREQUENCY
• SUPPORTED CARRIERS
• MMS DISCLOSURE
• DISCLAIMER OF WARRANTIES
• PARTICIPANT DEVICE & SERVICE REQUIREMENTS
• DUTY TO NOTIFY
• INDEMNIFICATION
• MISCELLANEOUS
INTRODUCTION:
PLEASE READ THESE TEXT MESSAGING TERMS & CONDITIONS (these “Terms”) carefully before you OPT-IN to receive text communications (including, but not limited to, text messages, short message services (“SMS”), and multimedia messaging services (“MMS”, and, collectively, “Text Messages”) from School Family Media, LLC and its parent, subsidiaries, its affiliates, or business lines, including TeacherLists, EduKit, PTOtoday and College Checklists (“School Family Media,” “we,” “its” or “us”). By enrolling, opting in to, or otherwise agreeing to receive Text Messages (the “Text Messaging Program”) from or on behalf of School Family Media, you agree to these Terms, you accept and agree to be bound and abide by our Terms of Use, without modification and you consent to our Privacy Policy which governs your use of our Websites as well as how we collect, use, and share your Personal Information, which we may collect from you or which you may provide to us through (i) our Websites or (ii) through our Services, and the rights you have with respect to your Personal Information. For the avoidance of doubt, our Privacy Policy is incorporated by reference, and any terms used that are not defined in these Terms, shall have the meaning assigned to them in our Privacy Policy.
PLEASE NOTE: THESE TERMS CONTAIN PROVISIONS REGARDING ARBITRATION, WAIVER OF CLASS ACTION OR WAIVER OF JURY TRIALTHAT AFFECT YOUR RIGHTS. BEFORE ENROLLING, OPTING IN TO, OR OTHERWISE AGREEING TO RECEIVE TEXT MESSAGES FROM OR ON BEHALF OF SCHOOL FAMILY MEDIA PLEASE REVIEW ARBITRATION; WAIVER OF CLASS ACTION; WAIVER OF JURY TRIAL BELOW.
By using, taking part in, enrolling, or opting in to the Text Messaging Program, you expressly consent to receive marketing and/or non-marketing text messages from School Family Media and any and all others Text Messaging on School Family Media’s behalf, including, but not limited to, its service partners, including Text Messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of system, software, hardware, or machine (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending Text Messages, at the mobile telephone number associated with your OPT-IN.
YOU CAN WITHDRAW YOUR CONSENT OR OPT-OUT OF THE TEXT MESSAGING PROGRAM AT ANY TIME. Your consent or express OPT-IN to receive Text Messages is not required and is not a condition to purchase any goods or services from us.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR IF YOU DO NOT AGREE WITH OUR TERMS OF USE OR TERMS OF SALE, OR IF YOU DO NOT CONSENT TO PROVIDE US YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN IN OUR PRIVACY POLICY, THEN PLEASE DO NOT ENGAGE OUR SERVICES, DO NOT OPT IN TO OUR TEXT MESSAGING PROGRAM AND PLEASE DO NOT VISIT OUR WEBSITES OR ACCESS OUR SERVICES.
PRIVACY:
School Family Media respects your privacy and is committed to protecting it through compliance with our Privacy Policy. Our Privacy Policy applies in all respects to your access and use of our Websites, including, but not limited to, any Personal Information you provide to us via our Websites or our Services. For the avoidance of doubt, terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms.
TEXT MESSAGING PROGRAM:
As set forth in paragraph three of the Introduction above, School Family Media and any and all others Text Messaging on School Family Media’s behalf, including, but not limited to, its service partners, may use an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, ATDS, and/or any other type of system, software, hardware, or machine (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending Text Messages, at the mobile telephone number associated with your OPT-IN. Text Messaging may include one-time or recurring Text Messages related to, but not limited to, the following:
| ORDER TRACKING AND DELIVERY | You may provide us your mobile telephone number to opt in to receive Text Messages about your orders, shipments, and/or deliveries, and updates related to same. |
| MARKETING AND PROMOTIONAL | By opting into our Text Messaging Program, you are agreeing to receive recurring marketing, promotional, advertising, informational and other similar Text Messages from us regarding classroom supply list availability, sales, discounts, loyalty programs, reward certificates, abandoned cart reminders, and other offers, in varying frequencies at the mobile telephone number provided when opting in. |
| ON-DEMAND TEXT MESSAGE REPLY SERVICES | You may send a Text Message to us requesting certain types of on-demand text message reply to services, including but not limited to the following: text to sign-up for email marketing programs, text to receive a link to enter or make entry to a sweepstakes, and text to manage your enrollment in Text Messaging. |
| BACK IN STOCK NOTIFICATIONS | By opting into our Text Messaging Program, you are agreeing to receive Text Messages pertaining to updates about when a product is, or will be, re-stocked. |
TEXT MESSAGING PROGRAM ENROLLMENT:
Eligibility
Our Websites is offered to and is exclusively available to users who are over 18 years of age, who reside and are physically located in the United States or any of its territories or possessions (an “Eligible Enrollee”). As such, only Eligible Enrollees are permitted to participate in the Text Messaging Program.
If you are under 18 years of age, you may not participate in the Text Messaging Program and your parent or legal guardian may not agree to these Terms on your behalf. If we learn that a child under 18 years of age has provided or attempted to provide us with personal information (as define under COPPA), such information will be deleted in accordance with COPPA. If you believe we might have any information from or about a child under 16, please contact at us at privacy@schoolfamilymedia.com.
As stated in our Privacy Policy, our Websites are designed for a “general audience” and is not intended for use by children under 13 years of age
By enrolling in our Text Messaging Program, you represent and warrant that you are of legal age to form a binding contract with School Family Media and reside and are physically located in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use our Websites or enroll in our Text Messaging Program.
Opt In
By opting into our Text Messaging Program, you expressly consent to receive Text Messages described in Text Messaging Program above to the mobile telephone number you provide to us. You consent to receive transactional, operational, or informational text messages at that mobile telephone number. Our Text Messaging Program allows you to receive Text Messages from us by affirmatively opting into the Text Messaging Program, such as through online or application-based enrollment forms.
Your consent or express OPT-IN to receive Text Messages is not required and is not a condition or a requirement for you to purchase any goods or services from us.
Opt Out
We will only send you Text Messages if you have OPTED IN to our Text Messaging Program. You may, at any time, revoke you consent to receive Text Messages from us by texting “STOP” to our Text Messages. Revoking your consent to receive Text Messages from us will only apply to the mobile telephone number in receipt of our Text Messages. You may receive an additional mobile message confirming your decision to opt out. You understand that Text Messaging Program may not recognize and respond to unsubscribe requests that contain words or phrases other than “STOP” and agree that School Family Media and its service providers will have no liability for failing to honor such requests that do not contain “STOP.”
COSTS & FREQUENCY:
Message and data rates may apply when you are in our Text Messaging Program. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving Text Messages. You are solely responsible for any costs related to or associated with your receipt of Text Messages, as set forth in these Terms. Our Text Messaging Program involves recurring Text Messages, and additional Text Messages may be sent periodically based on your interaction with us.
SUPPORTED CARRIERS:
Not all mobile devices or handsets may be supported, and our Text Messages may not be deliverable in all areas. School Family Media, its service providers and the Carriers supported by the Text Messaging Program are not liable for delayed or undelivered messages.
We are able to deliver Text Messages to the following mobile phone carriers (collectively, the “Carriers”): ACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless (EKN), ASTAC (Artic Slope Telephone Cooperative), AT&T, Bandwidth, Bluegrass Cellular, Breakaway Wireless (Manti Telephone), Brightlink (365 Wireless), C Spire / Cellular South, CableVision, Carolina West Wireless, Cell Comm, Cellular Network Partnership (Pioneer), , Cellular One Nation (MTCPS LLC), Cellular One of East Central Illinois, Cellular One of North East Arizona, Chariton Valley Cellular, Chat Mobility USA (Hawkeye Switching), ClearTalk (Flat Wireless), Cooper Valley, Cordova, Cricket Wireless (AIO Wireless), C-Spire (f/k/a Cellular South), CTC (Cambridge Telephone), Custer Telephone, Duet Wireless, Eagle Telephone (Snake River PCS), Enflick, GCI Commnication, Google Voice, Illinois Valley Cellular (IV Cellular), Inland Cellular Telephone Company, iWireless (Iowa Wireless), Layered, Leaco, Limitless Mobile (formally Keystone/PCM), Mid-Rivers, MTA Communications, Nex-Tech Wireless, NNTC (Nucla Naturita Telephone), Northwest Missouri Cellular Limited (Hawkeye Switching), NTELOS(Acquired by Shentel), Panhandle Telecommunications (LTE), Pine Cellular, RINA (STRATA Networks/UBET Wireless), Sagebrush Cellular (Nemont), SI Wireless (Mobile Nation), Silverstar Wireless (Goldstar Communications), SouthernLINC Wireless, Sprint/Virgin/Boost, SRT Wireless, Thumb Cellular, T-Mobile/MetroPCS GSM, TracFone, Triangle Wireless, Union Telephone Company (Union Wireless), United Wireless, US Cellular, Verizon Wireless, Viero Wireless, West Central Wireless (5 Star Wireless), AT&T Mobility Puerto Rico, Open Mobile Puerto Rico, Puerto Rico Telephone Co (CLARO), T-Mobile Puerto Rico, Choice Phone LLC, Docomo Pacific Inc, IT&E Wireless, Pulse Mobile (GTA WIRELESS).
MMS DISCLOSURE:
The Text Messaging Program will send you an SMS message if your mobile device does not support MMS messaging.
DISCLAIMER OF WARRANTIES:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE EQUIPMENT, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ENROLLMENT IN OUR TEXT MESSAGING PROGRAM.
YOU ENROLL IN OUR TEXT MESSAGING PROGRAM AT YOUR OWN RISK. THE TEXT MESSAGING PROGRAM IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES; AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE, OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN YOUR RECEIPT OF ANY TEXT MESSAGES CONNECTED TO OUR TEXT MESSAGING PROGRAM.
WITHOUT LIMITING THE FOREGOING, NEITHER SCHOOL FAMILY MEDIA NOR ANYONE ASSOCIATED WITH SCHOOL FAMILY MEDIA REPRESENTS OR WARRANTS THAT OUR TEXT MESSAGING PROGRAM WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE OUR TEXT MESSAGING PROGRAM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SCHOOL FAMILY MEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PARTICIPANT DEVICE & SERVICE REQUIREMENTS:
You must have a wireless device of your own, capable of two-way messaging, be using a participating Carrier (for a full list of participating Carriers, see Supported Carriers above), and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate in our Text Messaging Program. Check your phone capabilities or check with your Carrier for specific text messaging instructions.
DUTY TO NOTIFY:
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to our Text Messaging Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will follow the steps to OPT OUT as set forth in Opt Out above, PRIOR TO ending your use of the mobile telephone number. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of Text Messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless School Family Media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of any third party claim, demand or action arising out of your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder, which damages result from us attempting to contact you at the mobile telephone number you provided to us.
MISCELLANEOUS:
Governing Law; Consent to Jurisdiction
All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to these Terms shall be instituted exclusively in the Federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the Worcester, Massachusetts, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Arbitration; Waiver of Class Action; WAIVER OF JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR A BINDING ARBITRATION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER.
Arbitration
School Family Media reserves the right to invoke the jurisdiction of any competent court to remedy or prevent violation of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or to otherwise protect our interest. Any dispute with you in connection with these Terms may, at School Family Media’s sole discretion, be resolved through binding arbitration in the Commonwealth of Massachusetts, pursuant to the commercial arbitration rules of the American Arbitration Association (“Arbitration”) applying Massachusetts law. Absent School Family Media’s express written authorization, in the exercise of its sole discretion, in favor of a judicial forum for dispute resolution, your only forum is Arbitration. The results of Arbitration shall be final, binding and non-appealable, except as allowed by law.
Waiver of Class Action
YOU AND SCHOOL FAMILY MEDIA EACH HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR OR OUR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
Waiver of Jury Trial
YOU AND SCHOOL FAMILY MEDIA EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING THESE TERMS, THE TEXT MESSAGING PROGRAM, AND/OR FOR ANY COUNTERCLAIM.
Changes to Terms
These Terms are effective as of the Last Updated date set forth at the top of these Terms. By using, taking part in, enrolling, or OPTING IN to the Text Messaging Program, you agree to these Terms, our Terms of Use and our Privacy Policy. We reserve the right to update, revise, and/or modify these Terms at any time and at our sole discretion. All changes are effective immediately when we post them. Whenever possible, we will provide you with advance written notice of material changes to these Terms, by notifying you by e-mail if you have provided your email address to us or if you have a user account with us. In the event we make a material change to these Terms, and such change would materially and adversely affect your rights hereunder, we will provide you advance notice including by posting a notice of material changes to these Terms on the Websites homepage. Upon the effective date of the Last Updated set forth at the top of these Terms, your continued enrollment in the Text Messaging Program shall constitute your acceptance of the amended Terms. Any amended Terms of Use supersede all previous versions. You are responsible for periodically visiting our Websites and these Terms to check for any changes. If you do not agree with the amended Terms or if you do not wish to be bound by such amended Terms, you should unenroll from the Text Messaging Program as set forth in Opt Out above. Notwithstanding the foregoing, no change to the Arbitration, Waiver of Class Action or Waiver of Jury Trial set forth in Arbitration above; or Waiver of Class Action; Waiver of Jury Trial above, shall apply to any disputes for which the you and School Family Media have actual notice on or before the effective date of the Last Updated posted on our Websites.
Contact Us
If you have any questions, comments, concerns about these Terms, requests for technical support, and other communications relating to our Text Messaging Program, or if you need to access these Terms in an alternative format due to having a disability, or if you want to reach us about any other matter, please do not hesitate to contact us at one of the following methods:
| Phone: | (800) 556-9216 | |
| Website: | https://schoolfamilymedia.com/ | |
| Email Address: | privacy@schoolfamilymedia.com | |
| Mail: | School Family Media, LLC 100 Stonewall Blvd., Suite 3 Wrentham, MA 02093 Attention: Legal Department |