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Please read these SMS/Text Messaging Terms & Conditions carefully. By providing your phone number on registration or checkout pages on polskatelewizjausa.com, you expressly consent to receive non-marketing text messages from ‘POLSKIE MEDIA’ at that phone number.
You may opt-out of these communications at any time by replying STOP to any text message from ‘POLSKIE MEDIA’ or by otherwise contacting ‘POLSKIE MEDIA’ as indicated below. You can receive help at any time by replying HELP to any text message from ‘POLSKIE MEDIA’ or by otherwise contacting ‘POLSKIE MEDIA’ as indicated below. Consent to receive non-marketing text messages is not required to purchase any products or services from ‘POLSKIE MEDIA’. Messaging and data rates may apply. By providing your phone number on registration or checkout pages, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of ‘POLSKIE MEDIA’ services.
Campaign Description
‘POLSKIE MEDIA’ offers its text messaging campaign
whereby ‘POLSKIE MEDIA’ will text message you to provide you with information concerning
your order
contents
with ‘POLSKIE MEDIA’ You agree that you will not use ‘POLSKIE MEDIA’ Campaign for any illegal
or unlawful purposes.
Message Frequency
Under the ‘POLSKIE MEDIA’ Campaign, the number
of ‘POLSKIE MEDIA’ text messages that you receive may vary depending upon
your purchase
activity.
Cost
‘POLSKIE MEDIA’ does not impose a separate
fee for sending ‘POLSKIE MEDIA’ text messages under the ‘POLSKIE MEDIA’ Campaign.
However, standard message and data rates may apply to each text message sent or
received in
connection with the ‘POLSKIE MEDIA’ Campaign, as provided in your mobile
telephone service rate plan. Please contact your mobile telephone carrier
for pricing plans and information.
Supported Carriers; Interruption
The ‘POLSKIE MEDIA’ Campaign should be
available through your equipment or mobile device when the equipment or
device is within the operating range of your wireless service provider. The ‘POLSKIE MEDIA’ Campaign may not be available on
all equipment/mobile devices, or through all wireless carriers, and
not all functionalities of the ‘POLSKIE MEDIA’ Campaign is available on all
equipment/mobile devices, or through all wireless carriers. ‘POLSKIE MEDIA’ may,
from time to time, at its discretion and without notice to you, limit the carriers that
support the ‘POLSKIE MEDIA’ Campaign. Certain other carriers may not support the ‘POLSKIE
MEDIA’ Campaign. Delivery of information and content to your
equipment/mobile device may fail due to a variety of circumstances or conditions. The ‘POLSKIE MEDIA’
Campaign is subject to transmission limitation or interruption. You understand and acknowledge that mobile
network services are outside of ‘POLSKIE MEDIA’'s control, and ‘POLSKIE MEDIA’
is not responsible or liable for issues arising therefrom, or the failure
thereof, including, without limitation, technical, hardware, software, electronic,
network, telephone or other communications malfunctions, errors or
failures of any kind, transmission errors, traffic congestion, lost or unavailable network
connections, telephone connections, wireless phone connections, website, Internet, or ISP
availability, unauthorized human intervention, traffic congestion incomplete or inaccurate capture of entry
information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which
may limit or restrict your ability to receive or send a message, including any injury or damage to your
or any other person's equipment/wireless device relating to or resulting from participating in or using
the ‘POLSKIE MEDIA’ Campaign. If the ‘POLSKIE MEDIA’ Campaign is not available
within your intended location, you agree that your sole remedy is to cease
using the ‘POLSKIE MEDIA’
Campaign.
How to Opt-In
To opt-in to receive text messages from ‘POLSKIE
MEDIA’ under the ‘POLSKIE MEDIA’ Campaign, provide your phone number on registration or
checkout pages on polskatelewizjausa.com.
How to Opt-Out
To STOP receiving text messages from ‘POLSKIE
MEDIA’, text STOP to the ten-digit long code from which the text messages
are being sent. You will then receive confirmation of your opt-out of the ‘POLSKIE
MEDIA’ text
messaging campaign.
Your Mobile Telephone Number
You represent that you are the account
holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to
enter the mobile telephone number(s) that you provide and that you will not initiate messages to the
mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date
information with ‘POLSKIE MEDIA’ regarding your use of the ‘POLSKIE MEDIA’
Campaign, including, without limitation, notifying ‘POLSKIE MEDIA’ in writing
immediately if you change, or cease being the regular user of, your mobile
telephone number. You agree to indemnify ‘POLSKIE MEDIA’ in full for all claims,
expenses, damages, and costs, including reasonable attorneys' fees, related to or
caused in whole or in part by your failure to notify ‘POLSKIE MEDIA’ if you
change your telephone number, or cease being the regular user of, including, but not
limited to, all claims, expenses, damages, and costs related to or arising under
the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
Privacy
The ‘POLSKIE MEDIA’’s Privacy Policy is
available on our website at polskatelewizjausa.com/warunki-umowy.
Support/Help
To request more information, text HELP to
the ten-digit long code from which the text messages are being sent. You may also receive assistance by
providing text
notice to ‘POLSKIE MEDIA’ at https://polskatelewizjausa.com/index.php?route=information/contact
Eligibility
To receive ‘POLSKIE MEDIA’ text messages or
enroll in the ‘POLSKIE MEDIA’ Campaign, you must be a resident of the United States or Canada,
eighteen (18) years of age or older, authorized to enroll the mobile phone
number in the ‘POLSKIE MEDIA’ Campaign, and authorized to incur any mobile
message or data charges incurred by participating. ‘POLSKIE MEDIA’ reserves
the right to require you to prove the foregoing to participate in the ‘POLSKIE MEDIA’
Campaign.
Changes to this SMS/Text Messaging Terms & Conditions
‘POLSKIE MEDIA’ may revise, modify, or amend
these SMS/Text Messaging Terms & Conditions at any time. Any such revision,
modification, or amendment shall take effect when it is posted the ‘POLSKIE MEDIA’ website. You agree to
review these ‘POLSKIE MEDIA’ SMS/Text Messaging Terms &Conditions
periodically to ensure that you are aware of any changes. Your continued
consent to receive Town & Country Insurance text messages will indicate your
acceptance of those changes.
Amendment; Termination of Text Messaging
POLSKIE MEDIA may suspend or terminate your
receipt of POLSKIE MEDIA text messages if Town & Country Insurance
believes you are in breach of these POLSKIE MEDIA SMS/Text Messaging Terms & Conditions. Your
receipt of POLSKIE MEDIA text messages is also subject to termination in the event that
your mobile telephone service terminates or lapses. POLSKIE MEDIA reserves the right to modify or
discontinue, temporarily or permanently, all or any part of POLSKIE MEDIA text messages and the POLSKIE
MEDIA Campaign, for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the ‘POLSKIE MEDIA’ Campaign,
you agree to release and hold harmless ‘POLSKIE MEDIA’ and its representatives,
agents, successors, assigns, employees, officers, and directors, from any and
all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense
whatsoever including without limitation, property damage, personal injury and
death that may occur in connection with the ‘POLSKIE MEDIA’, or your use thereof,
and for any claims, matters, or disputes based on violation of law or
infringement or violation of any rights of any person or entity, including,
without limitation, violation of publicity rights, defamation, or
invasion of privacy.
THE ‘POLSKIE MEDIA’ CAMPAIGN IS PROVIDED AS IS,
WHERE IS, AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OR TRADE. ‘POLSKIE MEDIA’
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, AND
NON-INFRINGEMENT. In no event shall ‘POLSKIE MEDIA’ be liable to
you, or any third party, for any losses or damages whatsoever arising out of
or resulting from the ‘POLSKIE MEDIA’ Campaign, or your use thereof, regardless
of the theory of recovery, including, without limitation, direct, indirect,
consequential, incidental or special damages, lost profits,
punitive damages, attorney's fees or any damages arising out of or resulting
from a statutory or regulatory violation, negligence, gross negligence, strict
liability, tortious conduct, willful misconduct or fraud, breach
of contract, or breach of warranty. To the extent this damage waiver is
contrary to
applicable law, your or any third party's maximum recovery for any
losses or damages whatsoever arising out of or resulting from the ‘POLSKIE
MEDIA’ Campaign, or your use thereof, regardless of the theory of recovery, is
$10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU
AND ‘POLSKIE MEDIA’ ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT
MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND ‘POLSKIE
MEDIA’ OR ANYONE ACTING ON YOUR OR ‘POLSKIE MEDIA’'S BEHALF, OR THE ‘POLSKIE
MEDIA’ CAMPAIGN, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED
SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN
ARBITRATION
ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE
ARBITRATOR
SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL PANEL OF
ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND ‘POLSKIE MEDIA’
INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY
VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT
LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT,
BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING
OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER
PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY
PROVISION.
This agreement to arbitrate is intended to be
broadly interpreted, add expressly includes disputes, matters, or claims brought under the Telephone Consumer
Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable
theory. THIS PROVISION MUST be CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE
GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY
JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION
MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR
IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS
SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE
ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE
IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN
THE STATE OF IOWA UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY
JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE
PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST
BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE
ARBITRATOR IS APPOINTED UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION
BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS
AWARD UNTIL THE LITIGATION IS RESOLVED. The resolution of any claims, matters, or
disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to
proceed on a class action or collective basis or bases involving claims, matters, or disputes brought
in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make
written awards is limited to claims, matters, and disputes between you and ‘POLSKIE MEDIA’ alone. Claims,
matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No
arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone
who is not a named party to the arbitration.
Attorney Fees
In the event of any claim, matter, or
dispute between you and ‘POLSKIE MEDIA’ arising out of or relating in any way to these
SMS/Text Messaging Terms & Conditions, any text messages between you and ‘POLSKIE MEDIA’ or anyone
acting on your or ‘POLSKIE MEDIA’'s behalf, or the ‘POLSKIE MEDIA’ Campaign, ‘POLSKIE
MEDIA’, if it prevails, must be awarded all costs of bringing or
defending the claim, matter, or dispute, including, without limitation, reasonable
attorneys' fees and the ordinary costs and expenses incurred in resolving the
claim, matter,
or dispute, including, without limitation, all arbitration-related fees and
expenses.
Applicable Law
The law of the State of Delaware
including its statutes of limitations and without reference to any conflict of laws
principles shall be applied to any claim, matter, or dispute between the
parties or when governing, constraining, or enforcing these
SMS/Text Messaging Terms & Conditions, the ‘POLSKIE MEDIA’ Campaign, or
any text messages between you and ‘POLSKIE MEDIA’ or anyone acting on your or ‘POLSKIE
MEDIA’'s behalf,
or any of the rights, duties, or obligations of the parties arising from or
relating in any way to the subject matter of these Terms &
Conditions.
Contact Us
If you have questions regarding these
SMS/Text Messaging Terms & Conditions, you may reach us by filling this form https://polskatelewizjausa.com/index.php?route=information/contact.
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