East Bay Loyalty - Mobile Terms of Service
East Bay Loyalty is a standard rate one-off and subscription alert service (Up to 30 messages per month) focused on providing consumers with news and promotions from 3rd party providers through alerts, polls, coupons, and content (wallpapers, ringtones, video) downloads. Message and data rates may apply. Campaigns can be local or national campaigns that will be advertised at the point of sale and online.
For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the SHORT CODE listed.
You will not receive any unsolicited messages from our short codes.
To receive information about the service from your cellular phone you can send HELP to the SHORT CODE, email email@example.com, or call 925-209-6885
To Opt-Out (discontinue service), text "STOP" to the Short 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 Short 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 wireless carriers are not liable for delayed or undelivered messages
East Bay Loyalty 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.
East Bay Loyalty respects your privacy. We will only use information you provide to transmit your text message. 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.
You may cancel your monthly software subscription at any time, just be sure to cancel before your plan renews - as we cannot provide partial-month refunds. If you believe you have been billed the wrong amount, please contact us at: 925-209-6885Corporate Headquarters
East Bay Loyalty
7310 Clubhouse Drive Pleasanton, CA 94566
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 *
ARBITRATION / MEDIATION:
Any dispute, controversy or claim involving any party arising out of or relating to a mobile campaign (a "Dispute"), shall first be submitted in writing via email or print to firstname.lastname@example.org
Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one party to the other of the existence of a Dispute (unless the parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA ("AAA Rules") and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in Los Angeles, California, in front of one (1) independent, impartial and conflicts-free arbitrator (the "Arbitrator"). The arbitration shall be conducted over the course of consecutive business days and weeks.
The Arbitrator shall decide the Dispute in accordance with the substantive law of California. THE ARBITRATOR SHALL NOT AWARD EITHER PARTY NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Arbitrator may be entered in any court of competent jurisdiction.
The costs of the arbitration including the fees and expenses of the Arbitrator and reasonable attorneys' fees and expenses shall be borne by the non-prevailing party and awarded by the Arbitrator in the award. In determining the reasonableness of the attorneys' fees the Arbitrator shall take into account all relevant facts and circumstances, including but not limited to the amount of damages sought and the amount of the award.