SMS TERMS AND CONDITIONS


Last updated: September 11, 2020


Please read these terms and conditions carefully. By signing up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from Deseret Book Company (“Company”) texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of Company’s services.

Program Description

Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you. Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).

Message Frequency

The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages. You will receive 1-10 messages/month, between 8 A.M. and 9 P.M. Mountain Time, from each Company text messaging program.

Cost

Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others. Carriers are not liable for delayed or undelivered messages.

How to Opt-In

To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions provided by the specific Company text messaging program from which you wish to receive messages. By opting in, you are requesting to receive text messages as an exception to the fact that your mobile phone number(s) may otherwise be on the federal, or a state's, Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request.

How to Opt-Out

To stop receiving text messages from a specific Company text messaging program, text STOP to the five digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that five digit short code. You will remain opted in to other Company text messaging programs.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy

Please visit https://deseretbook.com/privacy to access Company’s privacy policy.

Eligibility

To receive Company text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Termination of Text Messaging

Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with Company via postal mail, telephone, and our website. Company may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect.

You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company products or services.

You may have the right to withdraw your consent to receive certain electronic communications. You may make such a request via Company website “contact us” link. If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.

To receive, access, and retain the notices that Company sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Company may send. You may update your contact information [through the “contact us” form on the Company website.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

No warranties

Company makes no representations or warranties whatsoever regarding text messages. Company hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by applicable law, you hereby agree that Company shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages, even if Company has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of Company text messages. Furthermore, Company shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Utah.

Contact Us

Text HELP for help. If you have any other questions regarding these SMS Terms and Conditions, please reach out to us by submitting a “contact us” request on the website associated with the specific text messaging program you opted into.