Mobile Message Service Terms and Conditions
Blink Publishing LLC
Mobile Message Service Terms and Conditions
Last updated: 1/18/2022
The Beirresistible mobile message service (the “Service”) is operated by Blink Publishing LLC. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By completing the Mobile Messaging Opt-In Form, you expressly consent to receive recurring SMS/text messages from and on behalf of Blink Publishing through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include informational and entertainment content, service updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, 3rd party offers, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Blink Publishing.
Your participation in this program is completely voluntary, and Blink Publishing and the wireless carriers supporting this Service are not liable for delayed or undelivered messages.
To receive this Service you must be eighteen (18) years of age or older, authorized to enroll the mobile phone number in the Service, and authorized to incur any mobile message or data charges incurred by participating.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
Message frequency may vary. 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 SMS/text messages, including charges from your wireless provider.
HOW TO REQUEST HELP
To request help, or for more information, you may receive assistance by calling 1-800-755-4364, sending mail at 6800 Westgate Blvd. Suite 132 #380, Austin, TX 78745, or by emailing us at [email protected].
HOW TO OPT-OUT
You may opt-out of the Service at any time by replying to a text message with the single keyword command STOP. You may also email us at [email protected] or call us toll free at 1-800-755-4364 to be removed from the Service. If replying STOP you may receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
If you have subscribed to other Blink Publishing mobile message programs or mailing lists, and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective terms.
For Service support or assistance email [email protected].
YOUR PHONE NUMBER
By completing the Mobile Messaging Opt-In Form you represent that you are the account holder for the mobile telephone number that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity.
You agree to maintain accurate, complete, and up-to-date information with Blink Publishing regarding your use of the Service, including, without limitation, notifying Blink Publishing in writing immediately if you change, or cease being the regular user of, your mobile telephone number.
You agree to indemnify Blink Publishing in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify Blink Publishing if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act.
We may change any short code or telephone number we use to operate the Service. You acknowledge that any messages, including any STOP 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.
You can always email us at [email protected] or call us toll free at 1-800-755-4364 to be removed from the Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice here: https://beirresistible.com/privacy-policy/
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY INFORMATION PROVIDED VIA THE SERVICE, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT UTILIZE THE SERVICE.
(E) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF SALES FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) TWENTY U.S. DOLLARS AND NO/CENTS ($20.00,) WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Mobile Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.
You agree to defend, indemnify, and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE SERVICE; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (E) the unauthorized use of the SERVICE by any other person using your information; AND/OR (F) THE FAILURE OF A USER TO COMPLY WITH HIPAA OR ANY OTHER RULE OR REGULATION.
By using this SERVICE, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do NOT think they are reasonable, you must not use this SERVICE.
These Mobile Terms and Conditions shall be governed and construed in accordance with the laws of Texas without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Travis County, Texas, and any cause of action that relates to or arises from these Mobile Terms and Conditions, the SERVICE must be filed therein unless subject to the binding arbitration provisions, infra.
The parties agree that any dispute concerning, relating, or referring to these Mobile Terms and/or the SERVICE shall be resolved exclusively by binding arbitration in accordance with the substantive laws of Texas and shall be brought for arbitration in Travis County, Texas, pursuant to the rules of the American Arbitration Association.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the SERVICE. Because of this relationship, we may earn a commission on products purchased from a third-party affiliate.
DIFFERENT AND CONFLICTING TERMS
We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
Any waiver of a right under these Mobile Terms and Conditions shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Mobile Terms and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or subcontract or delegate the performance of any of its obligations under these Mobile Terms without our prior written consent in our sole and exclusive discretion.
RIGHTS OF THIRD PARTIES
These Mobile Terms do not give any right to any third-party unless explicitly stated herein.
RELATIONSHIP OF PARTIES
The parties are independent contractors under these Mobile Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into terms of any kind in the name of the other party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to: Blink Publishing, LLC, 6800 Westgate Blvd. Suite 132 #380 Austin, TX 78745, and, in the case of any SERVICE user, to the email address and/or phone number you provide to us.
Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such a case, notice shall be deemed given three days after the date of mailing.
From time to time, we may update these Mobile Terms by prominently posting a notice of update on our website, so we encourage you to review them often.
If you have questions regarding these Mobile Terms, you may reach us by calling 1-800-755-4364, by mail at 6800 Westgate Blvd. Suite 132 #380, Austin, TX 78745, or by email at [email protected].