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SMS Terms & Conditions

SMS Terms and Conditions

The following are the SMS text message terms and conditions of Homemade Merch LLC. The terms “we”, “us”, “our”, or “Company”, refer to Homemade Merch LLC, and our affiliates, subsidiaries, agents, assigns, and successors. Homemade Merch LLC offers this site, including all information, products, software, tools and services available from this site to you, the user (“Services”).

Please read these terms and conditions carefully. By signing up for our text messaging program, you expressly consent to receive non-marketing and marketing text messages from us on behalf of itself and others 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, and consent to receive marketing text messages is not required to purchase any goods or services.

BY SUBMITTING YOUR MOBILE DEVICE NUMBER, OPTING-IN, SENDING TEXT MESSAGES, OR USING A SITE, YOU EXPRESSLY CONSENT TO BE BOUND BY:

  1. Our SMS Text Terms and Conditions, the
  2. Our Website Terms of Use
  3. Our Privacy Policy, and
  4. any other applicable terms and agreements related to your use of our services.

We offer services to advertise/communicate content ("Content") to you through the use of text, SMS, MMS, or RCS messages (in any case, a "Text Message," or "Text Message Services"), and web sites ("Site" or "Sites").

YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY AND BY USING THE SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSING.

You affirm:

  1. You are over the age of 18.
  2. You are a resident of the United States and are accessing this or any website or any text message service operated by us from within the United States.
  3. You have entered your phone number and/or message correctly.
  4. You are the owner of the mobile device and the number provided; and you are authorized to enter into this agreement.
  5. Your explicit consent to receive Text Messages from Homemade Merch including marketing/advertising messages.
  6. Message and Data Rates May Apply
  7. Message Frequency Varies
  8. Consent is not a condition of purchase.
  9. Your explicit consent to receive Text Messages after 9pm.
  10. Your explicit consent to receive Text Messages asking you to opt-in to receive future Text Messages, including marketing/advertising messaging.
  11. Message and data rates may apply. Message frequency varies.
  12. You will not communicate copyrighted, illegal, profane, or otherwise inappropriate Content.
  13. You understand that your telecommunications carrier's messaging and data rates may apply. All charges are billed by and payable to your mobile service provider. We do not charge you for sending or receiving Text Messages through the Text Message Services.
  14. Supported Carriers: AT&T, Boost, Metro-PCS, Sprint, T-Mobile, US Cellular, Verizon, ("Supported Carriers")
  15. You understand Homemade Merch, our vendors and their affiliates, Supported Carriers, and all other telecommunications carriers are not responsible for, nor liable for Content, errors and omissions, proper formatting, and delayed or undelivered Text Messages.
  16. You understand not all devices and Supported Carriers support all Text Message types, content, formatting, and services.

 

Opt Out Information

 

To opt out, please use one of the following methods:

  • From the mobile device you have received a message, text one of the following words to the number from which you received a message: "STOP," "STOP ALL," "QUIT," "CANCEL," "UNSUBSCRIBE," or "END". Msg & Data Rates May Apply. You should receive a return message confirming your choice of opt out. If you do not know the number from which you received a message, please use one of the other options below.
  • Email statechamps@emeraldfulfillment.com and we can manually opt you out. Please be sure to Include your mobile number and that you would like to opt-out of text messaging. We cannot process requests without your mobile number.

 

How to Get Text Messaging Help

 

You can get text messaging help by using any of the methods below.

  • Text HELP to the number from which you received a message. Msg & Data Rates May Apply. If you do not know the number, please use one of the other options below.
  • Email  statechamps@emeraldfulfillment.com. Please include your mobile number and text message help inquiry. For inquiries not related to text messaging assistance, please visit https://statechamps.band/pages/contact-us

 

Your Mobile Telephone Number and Data

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying us immediately if you change your mobile telephone number. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us 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.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your text messages and other information you provide to us as part of this service. We may use this information to contact you and provide services you request from us. We may also use this information as described in the subscription list you’ve enrolled in.

Access or Delivery to Mobile Network is Not Guaranteed

We will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Support/Help

If you have any questions contact us at statechamps@emeraldfulfillment.com.

Eligibility

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

Changes to Terms and Conditions

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

Release and Hold Harmless

In addition to the indemnification obligations set forth in the our Terms of Use, you agree that Homemade Merch, LLC, any carrier, and their parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, any companies who are promotional or marketing participants, and all of their respective officers, directors, employees, representatives and agents, will have no liability whatsoever for, and shall be held harmless by you against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any text message or participation in this text message program or any Provider related activity, or for any production, technical, typographical, human, or other error in the text message.

Termination of Text Messaging

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

Communications and Consent to Electronic Notices

You may communicate with us via postal mail, telephone, and our website. We 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 consent to continue to receive our text messages. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, We will provide you with paper copies upon request. If you withdraw your consent, Provider reserves the right to terminate your use of our products or services, including our text messages to you.

To receive, access, and retain the notices that we send 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 we may send.

Disclaimer of Warranties

THE TEXT MESSAGE SERVICES, SITE, AND CONTENT ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. HOMEMADE MERCH LLC ON BEHALF OF ITSELF AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, VENDORS, AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, HOMEMADE MERCH PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE TEXT MESSAGE SERVICES, SITES, OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE AND CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TEXT MESSAGE SERVICES, SITES, OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE TEXT MESSAGE SERVICES, SITES, AND CONTENT. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND HOMEMADE MERCH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY PERSON ON BEHALF OF US SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS PARAGRAPH SHALL EXCLUDE OR LIMIT ANY HOMEMADE MERCH PARTY'S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE OR LOSS OF USE OF, THE TEXT MESSAGE SERVICES, SITES, AND CONTENT, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY).