TOBACCO FREE FLORIDA TEXT MESSAGING AND EMAIL PROGRAM TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern your agreement to receive recurring automated and informational texts (e.g., SMS and MMS) and/or email messages from Tobacco Free Florida, administered through the Florida Department of Health (“Program”), including messages that may be sent using an automatic e-mail and/or telephone dialing system, to the (1) e-mail address and/or mobile telephone number you provided when signing up, (2) the e-mail address and/or mobile number from which you signed up, or (3) any other e-mail or mobile number that you designate. Msg & Data rates may apply. This Program is intended for those 18 years of age or older.
Message frequency will vary. Expect to receive a maximum of up to (13) messages per sign-up. Messages will be sent daily and weekly and may vary from week to week. Tobacco Free Florida reserves the right to alter the frequency of messages sent at any time and to change the e-mail address and/or short code or phone number from which messages are sent. Not all equipment, devices or handsets may be supported and our messages may not be deliverable in all areas. Tobacco Free Florida, its service providers and the mobile/e-mail carriers supported by the Program are not liable for delayed or undelivered messages.
Problems? For assistance via e-E-mail firstname.lastname@example.org for assistance.
Contact. This Program is a service of the Florida Department of Health | Bureau of Tobacco Free Florida, 4052 Bald Cypress Way, Bin C-23 Tallahassee, Florida 32399-1743.
Changes to Messaging Terms. Tobacco Free Florida reserves the right to terminate or change the Program or these Terms at any time and such changes will be effective immediately upon posting. Your continued receipt of messages from Tobacco Free Florida following such changes shall constitute your acceptance of such changes.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOBACCO FREE FLORIDA AND ITS RESPECTIVE CONTRACTORS AND SERVICES PROVIDERS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO AND PARTICIPATION IN THE PROGRAM OR YOUR INABILITY TO ACCESS OR PARTICIPATE IN THE PROGRAM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PROGRAM EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
To the extent permitted by law, any dispute you have with the Released Parties regarding the Program shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to recover reasonable attorney’s fees from the other party. However, nothing shall prevent either you or the Released Parties from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Program. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE RELEASED PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW AND JURISDICTION
This Program is controlled and operated from the United States. These Terms shall be governed by the laws of Florida, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a local court located Tallahassee, Florida or the United States District Court for the Northern District of Florida, for any actions not subject to the arbitration provisions set forth above.
About Us. Tobacco Free Florida is a tobacco cessation program working to protect the people of Florida from the dangers of tobacco. Tobacco Free Florida is administered through the Florida Department of Health’s Bureau of Tobacco Free Florida (tobaccofreeflorida.com). For more information, visit www.tobaccofreeflorida.com