Consent Records
You agree that Alder Holdings, LLC ("Alder") may maintain records of your consent to receive SMS messages, including your mobile number, date and time of enrollment, IP address (if applicable), method of consent, and any subsequent opt-in or opt-out requests. Such records shall constitute evidence of your consent.
Electronic Communications
SMS messages constitute electronic communications. By enrolling in the SMS program, you consent to receive communications electronically and agree that such communications satisfy any legal requirement that communications be in writing.
Revocation of Consent
You may revoke your consent to receive SMS messages at any time by replying STOP to any message or by contacting Alder directly. Alder will process opt-out requests within a commercially reasonable period. Revocation of consent shall not affect communications sent prior to the processing of your opt-out request.
Supported Carriers
The SMS program may not be available through all wireless carriers. Availability, delivery, and functionality may vary by carrier, device type, geographic location, and network conditions.
No Warranty
THE SMS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING MESSAGE DELIVERY, TIMELINESS, ACCURACY, AVAILABILITY, OR RELIABILITY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SMS PROGRAM, INCLUDING DELAYED, MISDIRECTED, OR UNDELIVERED MESSAGES.
ALDER'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SMS PROGRAM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify, defend, and hold harmless Alder, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses arising from:
- (a) your provision of a mobile telephone number that you do not own or have authority to use;
- (b) your violation of these SMS Terms;
- (c) your violation of any applicable law or regulation relating to telecommunications or electronic communications.
Arbitration and Class Action Waiver
Any dispute arising out of or relating to the SMS program shall be resolved pursuant to the arbitration provisions contained in these Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING ARISING FROM OR RELATING TO THE SMS PROGRAM.
Governing Law
These SMS Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.
Changes to Mobile Number
You agree to notify Alder before relinquishing, disconnecting, transferring, or changing your mobile telephone number. You remain responsible for messages sent to the number you provided until Alder receives notice of the change and has had a reasonable opportunity to update its records.
← Back to Home