MOBILE MESSAGING TERMS & CONDITIONS AND PRIVACY POLICY
TERMS AND CONDITIONS FOR MOBILE MESSAGING PROGRAM
Text Marketing. By signing up for Our mobile messaging program (“Program”), you (“You,” “Your”) agree to receive recurring community information and promotional and personalized marketing text messages from Woodbridge Pacific Group, LLC, at the cell number You provided when signing up. Reply “HELP” for help and “STOP” to stop receiving messages. Message frequency varies. Message & data rates may apply. Click the following for our Privacy Policy.
Woodbridge Pacific Group, LLC (hereinafter, “WPG”, “We,” “Us,” “Our”) is offering a mobile messaging 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 be bound by the terms of this Agreement, 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 any other Terms and Conditions or Privacy Policy(ies) that may govern the relationship between You and WPG in other contexts and/or as set forth in other documents including, but not limited to, Purchase and Sale Agreements, Construction Contracts, and/or any Warranty Programs.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through in-person, online or application-based enrollment forms. Regardless of the opt-in method You utilized to join the Program, You agree that this Agreement applies to Your participation in the Program. By participating in the Program, You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with Your opt-in. While You consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
We may terminate any mobile messaging services or Your participation in Our Program at any time, with or without notice, including for example, before You have received any or all messages that You otherwise would have received, but the terms of this Agreement will still 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” 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 option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than STOP, or verbally requesting one of Our employees to remove You from Our list, is not a reasonable means of opting out.
Support Instructions: If You don’t wish to opt out of receiving messages, but need support regarding the Program, text “HELP” to the number from which You received messages or email Us at sales@woodbridgepacific.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.
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 this Agreement and the reason we grant our consent to you being part of the Program. You further agree that if You discontinue the use of Your mobile telephone number without notifying WPG of such change, You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by WPG, or any affiliate thereof 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 the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD WPG HARMLESS FROM ANY AND ALL CLAIMS OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIMS 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 WPG ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive recurring messages concerning recurring neighborhood information and promotional and personalized marketing text messages from WPG.
Cost and Frequency: WPG does not charge You for Our text message Program. But message and data rates may apply, so depending on Your plan with Your wireless or other applicable provider, You may be charged by Your carrier or other applicable provider. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on Your interaction with Us. Frequency of messages may vary.
MMS Disclosure: The Program will send SMS TM’s (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. Please note that Your carrier may disclaim liability for delayed or undelivered mobile messages.
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 or engage with the Program if You are under eighteen (18) years of age. By using or engaging with Our Program, You acknowledge and agree that You are not under the age of eighteen (18) years and You are of adult age in Your jurisdiction. By using or engaging with Our Program, You also acknowledge and agree that You are permitted by Your jurisdiction’s Applicable Law to use and/or engage with Our Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content to the number from which You received messages or the email address set forth above. Prohibited content includes, but is not limited to, the following:
Any fraudulent, libelous, defamatory, scandalous, threatening, or harassing messages or any actions which may constitute 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 or in the State of California.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between You, or anyone claiming through You or on Your behalf, and WPG regarding the Program, any messages transmitted within the scope of the Program, or any of the terms set forth herein, or between You and any third-party service provider acting on Our behalf to transmit 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 Orange County, California, before one (1) arbitrator. As such, You acknowledge and agree that You are waiving Your right to a jury trial or trial before a judge regarding any dispute subject to this provision.
WPG and You agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the State of California, without regard to any conflict of laws provisions. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least ten years’ experience in that capacity and who has knowledge of, and experience with, the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.
The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except as provided in the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute arising under the Program, any messages transmitted within the scope of the Program, or this Agreement.
You agree to arbitrate solely on an individual basis, and this Agreement does not permit, and You agree You will not bring nor be a member of, any class arbitration or lawsuit, or any claims brought as a plaintiff or class member in any class or representative arbitration or litigation proceeding regarding any matter arising out of this Agreement, the Program, or any messages transmitted within the scope of the Program. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
If any term or provision of this section regarding Dispute Resolution is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, You and WPG hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of Your agreement to participate in Our Program.
Miscellaneous: You warrant and represent to WPG that You have all necessary rights, power, and authority to agree to these Terms and Conditions 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 You or WPG 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 it is 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.
PRIVACY POLICY FOR MOBILE MESSAGING PROGRAM
We respect Your privacy. We will only use information You provide through the Program to transmit Your mobile messages and respond to You, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist Us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental or quasi-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 Program, You agree to provide accurate, complete, and true information. You agree not to use, or provide to Us, any false or misleading personally identifiable information, including but not limited to your name or cell phone number. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or You have opted into the Program for an ulterior purpose, We may refuse You access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding Our disclosure of the information You provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact Us at the following address:
Woodbridge Pacific Group, LLC
27271 LAS RAMBLAS, STE 100
MISSION VIEJO, CA 92691
NOTE: This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between You and Us in any other contexts.