Kingdom
Valley Farm LLC (collectively referred to herein as “We,” “Us,”
“Our”) are offering a mobile messaging program (the “Program”),
subject to these Mobile Messaging Terms and Conditions (the “Terms”).
If you do not wish to continue participating in the program or no
longer agree to these Terms, you can reply “STOP” to any mobile
message from Us in order to opt out of the Program. Please ensure you
review the governing Terms and Conditions before participating in the
Program.
Privacy
Policy:
We respect your right to privacy. We will only use information you
provide to transmit your mobile messages and respond to you, if
necessary. 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 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 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, 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.
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 other contexts. Please make sure you review
those separate Privacy Policies, located on our website, to
understand those governing terms.
Contact
Information: If you have any questions about these Terms, please text
“HELP” to (833) 257-0159 , or in response to any of Our mobile
messages. You may also email info@kingdomvalleyfarm.com
Kingdom
Valley Farm LLC
(collectively referred to herein as “We,” “Us,” “Our”) is
offering a mobile messaging program (the “Program”), subject to
these Mobile Messaging Terms and Conditions (the “Terms”). If you
do not wish to continue participating in the program or no longer
agree to these Terms, you can reply “STOP” to any mobile message
from Us in order to opt out of the Program.
Program
Description:
Without limiting the scope of the Program, users that opt into the
Program can expect to receive messages concerning news alerts and
action items. Cost and Frequency: Message and data rates may apply.
The Program involves mobile messages, and additional mobile messages
may be sent based on your interaction with Us. Message frequency
varies. Carriers
are not liable for delivered or undelivered messages.
User
Opt In:
The Program allows users to receive SMS/MMS mobile messages by users
affirmatively opting into the Program, such as through online
enrollment forms or by texting a provided keyword to (833) 257-0159
or any successor short code to opt into the Program. By opting-in,
you hereby recognize and agree you are providing your consent to
receive recurring mobile messages from multiple long codes or any
successor short code used by Us at the provided phone number and that
you have the authority to opt the provided phone number into our
Program. You utilize to join the Program, you agree that these Terms
apply to your participation in the Program. The mobile messaging
service used by Us to communicate with you requires human
intervention for Our mobile messages to be initiated and sent, and
thus Our mobile messages are not sent to you by an automatic
telephone dialing system (“ATDS” or “autodialer”).
User
Opt Out: To
opt out (discontinue participation in Program), reply “STOP” to
(833) 257-0159 , or to any of Our mobile messages from your mobile
device. The entity sending such text will be the entity that
processes your opt-out request and you will need to send separate and
individual opt-out requests to each entity if you wish to opt-out of
communications from each participating entity. Sending “STOP” is
the easiest and preferred method to opt out of the Program. You may
receive an additional mobile message confirming your decision to opt
out and you hereby consent to the receipt of such opt out
confirmation message. You may also opt out by texting “QUIT”,
“END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to
18332570159 or to any of Our mobile messages you receive, or by
contacting Us via the means provided below and clearly communicating
your intent to unsubscribe from the Program.
Contact
Information:
For support text “HELP” to 28786 or (833) 257-0159 , or in
response to any of Our mobile messages. You may also email
info@kingdomvalleyfarm.com.
MMS
Disclosure:
The Program will send SMS if your mobile device does not support MMS
messaging.
Our
Warranty:
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.
Privacy
Policy:
We respect your right to privacy. You can view our privacy policy
here (https://kingdomvalleyfarm/legal). We will only use information
you provide to transmit your mobile messages and respond to you, if
necessary. 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 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 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, 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.
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 other contexts. Please make sure you review
those separate Privacy Policies, located on our website, to
understand those governing terms.
Dispute
Resolution:
In the event that there is a dispute, claim or controversy between
you and Us, or between you and any 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, these Terms, Our Privacy Policy,
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 determined by arbitration in Washington, D.C. before one
arbitrator. The arbitration will be administered by JAMS. For claims
greater than $250,000, the JAMS Comprehensive Arbitration Rules and
Procedures in effect at the time the arbitration is commenced will
apply. For claims less than or equal to $250,000, the JAMS
Streamlined Arbitration Rules in effect at the time the arbitration
is commenced will apply. The arbitrator will apply the substantive
law of the District of Columbia, exclusive of its conflict or choice
of law rules. Nothing in this paragraph will preclude the parties
from seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. The parties acknowledge that this
Agreement evidences a transaction involving interstate commerce.
Notwithstanding the provision in this paragraph with respect to
applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§
1-16) will govern any arbitration conducted pursuant to these Terms.
Either party may commence arbitration by providing to JAMS and the
other party to the dispute a written demand for arbitration, setting
forth the subject of the dispute and the relief requested
(“Arbitration Demand”).
To
the fullest extent permitted by law, each of the parties agrees that
any proceeding, whether in arbitration or in court, will be conducted
only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court
rather than through arbitration, each party knowingly and irrevocably
waives any right to trial by jury in any action, proceeding or
counterclaim arising out of or relating to this Agreement or any of
the transactions contemplated hereby.
The
appointed arbitrator may award monetary damages and any other
remedies allowed by the state law designated above. In making his or
her determination, the arbitrator will not have the authority to
modify any term or provision of these Terms. The arbitrator will
deliver a reasoned written decision with respect to the dispute (the
“Award”) to each party, who will promptly act in accordance the
Award. Any Award (including interim or final remedies) may be
confirmed or enforced in any court having jurisdiction, including any
court having jurisdiction over either party or its assets. The
decision of the arbitrator will be final and binding on the parties
and will not be subject to appeal or review. Each party will advance
one-half of the fees and expenses of the arbitrator, the costs of the
attendance of the court reporter at the arbitration hearing, and the
costs of the arbitration facility. In any arbitration arising out of
or related to these Terms, the arbitrators will award to the
prevailing party, if any, costs and attorneys’ fees reasonably
incurred by the prevailing party in connection with that aspect of
its claims or defenses on which it prevails, and any opposing awards
of costs and attorneys’ fees awards will be offset. The parties
will maintain the confidential nature of the arbitration proceeding,
the hearing and the Award, except as may be necessary to prepare for
or conduct the arbitration hearing on the merits, or except as may be
necessary in connection with a court application for a preliminary
remedy, or confirmation of an Award or its enforcement, or unless
otherwise required by any applicable law. Any documentary or other
evidence produced in any arbitration hereunder will be treated as
confidential by the parties, witnesses and arbitrators, and will not
be disclosed to any third person (other than witnesses or experts),
except as required by any applicable law or except if such evidence
was obtained from the public domain or is otherwise obtained
independently of the arbitration.
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 these
Terms 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 these Terms unless explicitly stated
otherwise in writing. We reserve the right to change these Terms from
time to time. Any updates to these Terms shall be communicated to
you. You acknowledge your responsibility to review these Terms 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 these
Terms, as modified.
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