TERMS & CONDITIONS AND PRIVACY POLICY FOR SMS MARKETING
SMS/MMS MESSAGE TERMS AND CONDITIONS
Text Marketing. By signing up via text, you agree to receive text messages at the cell number used
when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates
may apply.
Prestige Pools, Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the
“Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and
Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our
Programs, you accept and agree to these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in
the “Dispute Resolution” section below. This Agreement is limited to the Program and is not
intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship
between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively
opting into the Program. Regardless of the opt-in method you utilized to join, you agree that this
Agreement applies to your participation in the Program. By participating in the Program, you agree
to receive autodialed or prerecorded mobile messages at the phone number associated with your
opt-in, and you understand that consent is not required to make any purchase from Us. Message
and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to
this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any
mobile message from Us in order to opt out of the Program. You may receive an additional mobile
message confirming your decision to opt out. You understand and agree that the foregoing options
are the only reasonable methods of opting out. You also understand and agree that any other
method of opting out, including, but not limited to, texting words other than those set forth above
or verbally requesting one of our employees to remove you from our list, is not a reasonable means
of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone
number that has been used to subscribe to the Program, including canceling your service plan or
selling or transferring the phone number to another party, you agree that you will complete the User
Opt Out process set forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these terms and conditions.
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 the mobile messages, as
a result of claims brought by individual(s) who are later assigned that mobile telephone number.
This duty and agreement shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS
FROM ANY CLAIM OR LIABILITY RESULTING FROM 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 RESULTING FROM US ATTEMPTING
TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile
messages, and additional mobile messages may be sent periodically based on your interaction with
Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received
messages from or email us at billingprestigepools@gmail.com. Please note that the use of this email
address is not an acceptable method of opting out of the program. Opt outs must be submitted in
accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device
does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and 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 the
receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator and is outside of
Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way
messaging, be using a participating wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the necessary service to participate. Check
your phone capabilities for specific text-messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years
of age. If you use or engage with the Platform and are between the ages of thirteen (13) and
eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By
using or engaging with the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or
legal guardian’s permission to use or engage with the Platform, or are of adult age in your
jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are
permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the
Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and
discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product,
service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the
Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information
Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is
prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us,
or between you and or any other third-party service provider acting on Our behalf to transmit the
mobile messages within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of this
agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by
law, determined by arbitration in Norwalk, Ohio before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and
authority to agree to these Terms and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will place you in breach of any other
contract or obligation. The failure of either party to exercise in any respect any right provided for
herein will not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates or improvements of the Program shall be
subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be communicated to
you. You acknowledge your responsibility to review this Agreement from time to time and to be
aware of any such changes. By continuing to participate in the Program after any such changes, you
accept this Agreement, as modified.
